533 Amendments of Artis PABRIKS
Amendment 33 #
2018/2044(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the national security and intelligence agencies of EU Member States and of some third countries cooperate very effectively through the Counter Terrorism Group (CTG) and on a bilateral and multilateral basis; whereas the EU has an established complex of structures dealing wholly or in part with terrorism, notably through Europol’s European Counter Terrorism Centre (ECTC), EU INTCEN and facilitated by the European Counter- Terrorism Coordinator;
Amendment 55 #
2018/2044(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas on 6 July 2017 the Parliament set up a temporary Special Committee on Terrorism (TERR) with the aim of providing Parliament’s view as to the practical and legislative gaps in the current counter-terrorism regime that have allowed the recent terrorist attacks in the EU to occur and making recommendations that would help tackle the terrorist threat at EU level;
Amendment 56 #
2018/2044(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas, in order to allow the Parliament to dedicate sufficient attention and the specific efforts necessary for contributing effectively and responding to the challenges posed by terrorism, a standing parliamentary committee responsible for internal security and terrorism should be set up within the Parliament; whereas the setting up of such a standing parliamentary committee will signal the Parliament’s engagement and understanding of the importance of the issues of internal security, international organised crime and terrorism, which are at the forefront of EU citizens’ concerns; whereas it will also reflect the significance of this issue for the Parliament and will mirror the institutional setup in other EU institutions and bodies, such as the creation of a Security Union Task Force and the appointment of a Commissioner for the Security Union within the Commission, the creation of a European Counter Terrorism Centre (ECTC) within Europol, as well as the existence of a Working Party on Terrorism within the Council;
Amendment 77 #
2018/2044(INI)
Motion for a resolution
Recital J
Recital J
J. whereas in recent years the EU Member States have suffered major terrorist attacks, perpetrated or inspired by jihadist groups such as Daesh or, Al-Qaeda and Hezbollah; whereas far right, far left and ethno- nationalist separatist extremism and state-sponsored terrorism are also matters of concern;
Amendment 107 #
2018/2044(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Daesh and Al-Qaeda are financially self-reliant and whereas illicit trade in goods, firearms, oil, drugs, cigarettes and cultural objects, among other items, as well as trafficking in human beings, slavery, child exploitation, racketeering and extortion, have become means for terrorist groups to obtain funding; whereas the link between organised crime and terrorist groups constitutes a growing security threat; whereas these sources could enable the continued funding of future criminal activities by Al-Qaeda, as well as by Daesh following its territorial collapse in Syria and Iraq; whereas Hezbollah receives substantial funding from its patron, the Islamic Republic of Iran, and funds itself through donations, including from its supporters in Europe, as well as drug trafficking and other illicit activities;
Amendment 128 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalisation; whereas child returnees pose specific problems as they can be both victims and potential perpetrators, possibly disguised for years or decades, at the same time;
Amendment 160 #
2018/2044(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
S a. whereas there is a danger that terrorists abuse and exploit the freedom and rule of law offered by the EU liberal democracies as a hideaway from the autocratic regimes in their home countries where terrorist activity might lead to capital punishment;
Amendment 161 #
2018/2044(INI)
Motion for a resolution
Recital S b (new)
Recital S b (new)
S b. whereas there are documented cases1a where victims of severe crimes perpetrated by Daesh terrorists on Syrian or Iraqi territory have – while considering themselves safe – met again their tormentors on EU soil where both have asked for protection; __________________ 1a https://www.dw.com/de/jesidin-trifft-in- deutschland-auf-is-peiniger/a-45119776
Amendment 163 #
2018/2044(INI)
Motion for a resolution
Recital T
Recital T
T. whereas new forms of terrorism may be used for an attack, among them cyber-terrorism and the use of weapons of mass destruction, possibly in connection with new technical equipment such as drones; whereas there is the precedent of a foiled attack involving the highly toxic biological agent ricin; whereas there are cases where Daesh has used or planned to use chemical, biological, radiological or nuclear (CBRN) materials, and shared via social media channels possible tactics and methods for attacks and targets;
Amendment 167 #
2018/2044(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas multiple cases of trafficking of radiological or nuclear material are annually reported to the Incident and Trafficking database of the International Atomic Energy Agency (IAEA), emphasising the latent risk emanating from such substances, particularly with regard to the severity of their potential consequences;
Amendment 203 #
2018/2044(INI)
Motion for a resolution
Recital Z a (new)
Recital Z a (new)
Z a. whereas all immigrants should have the same obligation as all citizens and residents in any EU Member State to accept and live in line with European fundamental rights completely as well as the European “Leitkultur” (way of life); whereas the signing of a written commitment would raise awareness of the importance of active efforts to integrate by everyone who wants to live among us in the EU; whereas a newly developed “European Rights & Values Commitment” should also state that in case of non-respect for our fundamental rights including the violation of our laws return/repatriation is the last but logical consequence which will be done in respect of international law and the principle of non-refoulement;
Amendment 230 #
2018/2044(INI)
Motion for a resolution
Recital AD
Recital AD
AD. whereas throughout Europe significant numbers of cases of radical hate preachers have been documented; whereas the hate preachers often originate from outside the EU, while mosques receive opaque funding from third countries, many of whom are authoritarian and clerical regimes that do not align with the EU’s fundamental values;
Amendment 265 #
2018/2044(INI)
Motion for a resolution
Recital AI
Recital AI
AI. whereas although major progress has been made with regard to removal of online terrorist content, there is a need to scale up the companies’ engagement; whereas the removals are often not complete nor timely or permanent, removing the content from one website but leaving it on another belonging to the same company; whereas effective and comprehensive or allowing the account to remain live and/or reappear after it has posted content in violation of a company’s terms of service; whereas effective, comprehensive and transparent reporting by companies has to be improved;
Amendment 277 #
2018/2044(INI)
Motion for a resolution
Recital AJ
Recital AJ
AJ. whereas, in response to larger companies removing more content and doing so at a greater pace, Daesh is increasingly using new and/or smaller platforms which are less suited to fast removal of terrorist material; whereas this diversification to smaller platforms makes additional technical support essential to enable, for example, the introduction of platform-agnostic automated tools, such as the database of hasheshashing technology, which can identify online terrorist content with a high degree of accuracy as well as promulgating EU- wide standards for terms of service to be adopted across companies and by which EU Member States can judge a company’s performance in enforcing such standards;
Amendment 307 #
2018/2044(INI)
Motion for a resolution
Recital AL
Recital AL
AL. whereas retention of data is an essential part of the investigative process; whereas police and, judicial authorities and intelligence services usually rely heavily on communications data to successfully proceed with their casework; whereas in order for interoperability of information systems to reach its full potential, harmonised data retention regimes across the EU are vital; whereas the necessity of an appropriate data retention regime when it comes to the fight against terrorism was consistently raised during the work of the TERR Committee;
Amendment 309 #
2018/2044(INI)
Motion for a resolution
Recital AL a (new)
Recital AL a (new)
AL a. whereas in the absence of any data retention rules the main negative result will be the unavailability of necessary data, because it might not be stored by communication service providers, particularly if the service providers do not require such data for operational and commercial reasons, and/or disclosed to law enforcement authorities upon lawful request; whereas, if data is not available to the authorised bodies and judges at Member State level due to lack of data retention obligations, executing MLA requests as well as multilateral exchange at EU level will also be impossible and cross-border law-enforcement and judicial cooperation as a whole has been and will be adversely affected;
Amendment 316 #
2018/2044(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas the use of encryption by terrorists to protect their communications or stored data represents a considerable challenge for law enforcement and intelligence services, denying access to essential intelligence and evidence; whereas encryption becomes particularly critical when even the responsible online service providers are unwilling or unable to decrypt the communication;
Amendment 381 #
2018/2044(INI)
Motion for a resolution
Recital BB a (new)
Recital BB a (new)
BB a. whereas intelligence information should be given a special, even higher level of protection over police information because of the different working methods, such as the gathering of confidential information from sources and informants who must be kept anonymous, as well as the different objectives that require more sensitivity;
Amendment 392 #
2018/2044(INI)
Motion for a resolution
Recital BD
Recital BD
BD. whereas efficient and systematic cooperation between the Member States and the EU agencies as well as among the agencies in the counter-terrorism field is imperative, especially cooperation between Europol and Eurojust in order to effectively detect, prevent, and investigate and prosecute the perpetrators of a terrorist attack; whereas Eurojust has appointed a specialised counter-terrorism prosecutor to make the bridge with the ECTC at Europol to increase cooperation and information exchange between the two agencies;
Amendment 400 #
2018/2044(INI)
Motion for a resolution
Recital BG
Recital BG
BG. whereas several EU instruments such as Decision 2005/671/JHA, the CT Directive and the Europol regulation require Member States to share information on terrorism with the relevant agencies; whereas increased information sharing with Europol and Eurojust on a regular basis and in a timely and systematic manner, including contextual information, facilitates their work in detecting links between cases and providing an overview of challenges and best practice related to investigations, prosecutions and convictions for terrorist offences; whereas information shared with Eurojust has increased over the past years, but differences continue to exist between the Member States in relation to the amount, type and scope of the information shared, which may result in fragmented information available1a; __________________ 1a While only 14 terrorism cases were referred to Eurojust in 2014, the number of cases dealt by Eurojust from 2014-2018 reached 263 with a total of 61 coordination meetings in 75 terrorism cases, 2 coordination centres and 14 cases with JITs supported by Eurojust
Amendment 403 #
2018/2044(INI)
Motion for a resolution
Recital BG a (new)
Recital BG a (new)
BG a. whereas the European Public Prosecutor’s Office, to be established on the basis of Council Regulation (EU) 2017/1339, shall have the important task of investigating and prosecuting criminal offences affecting the financial interests of the Union, its establishment and the allocation of financial resources to this new body should not negatively impact the abilities of existing structures, such as Eurojust, to facilitate the efforts of the Member States in the fight against terrorism;
Amendment 410 #
2018/2044(INI)
Motion for a resolution
Recital BJ
Recital BJ
BJ. whereas joint investigation teams (JITs) facilitate the coordination of investigations and prosecutions in cases with a cross-border dimension and allow for real-time exchange of information/evidence; whereas the practical benefits resulting from the use of JITs include improved information exchange, exchange of best practices, enhanced collection of evidence and mutual recognition of the actions carried out by the parties; whereas JITs require appropriate funding to work effectively;
Amendment 415 #
2018/2044(INI)
Motion for a resolution
Recital BK
Recital BK
BK. whereas close cooperation withby online service providers (OSPs) is necessary when it comes to securing and obtaining electronic evidence, given its importance for investigating terrorist offences;
Amendment 499 #
2018/2044(INI)
Motion for a resolution
Recital CB
Recital CB
CB. whereas the Commission Comprehensive Assessment of EU Security Policy and the evaluation study of Directive 2008/114/EC indicate that: the threat to critical infrastructures is likely to continue to rise, that there is a need to enhance preparation and response capabilities and to revise Directive 2008/114/EC, and that there is an interest in targeting transport infrastructures; whereas a better framework is needed to improve rail security and to address the issue of protection of public areas of transport infrastructures, such as airports and, ports and maritime transport, as well as railway stations;
Amendment 564 #
2018/2044(INI)
Motion for a resolution
Recital CY
Recital CY
CY. whereas there is an EU sanction system in the area of CT with three types of measures, which is implemented by the EEAS; whereas this system is incomplete and underused owing to procedural constraints and reluctance on the part of the Member States;
Amendment 599 #
2018/2044(INI)
Motion for a resolution
Recital DF
Recital DF
DF. whereas the Union is founded on the values of human dignity, freedom, equality and solidarity, respect for human rights and fundamental freedoms, as well as on the principles of democracy and the rule of law; whereas acts of terrorism constitute the most serious violation of these universal values and principles; whereas there are religious practices throughout the EU that fundamentally oppose EU values;
Amendment 640 #
2018/2044(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, at this stage, the EU and the Member States should improve cooperation through existing European agencies, specialised EU services and Member States’ security and justice institutions;
Amendment 654 #
2018/2044(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the setting up within the European Parliament of a standing parliamentary committee responsible for matters relating to internal security and terrorism and dealing with particularly sensitive information;
Amendment 664 #
2018/2044(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Member States and the Commission to further strengthen and support the ATLAS network of civilian anti-terror special operation units of the EU Member States;
Amendment 679 #
2018/2044(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to monitor all foreign terrorist fighters; calls for an effective and appropriate follow-up of the threat posed by returnees, and for this purpose invites Member States to share contextual information about returnees via Europol and intelligence assessments on that topic with EU INTCEN; calls on the Commission to assist Member States in the establishment of aligned classification systems in order to distinguish between high, medium and low-risk returnees;
Amendment 691 #
2018/2044(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. recommends to Member States to clarify the asylum status or entitlement to subsidiary protection already outside the EU borders in well-equipped EU- controlled reception centres in order to minimize the risk of persons who pose a threat to public security entering European soil; if the establishment of reception centres is not possible outside the EU, they shall be build close to EU external borders on European soil;
Amendment 702 #
2018/2044(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on Member States and the Commission to establish regional – if applicable cross-border – stockpiling centres to ensure comprehensive availability of medical countermeasures including vaccines following the dual-use principle, and to use the Joint Procurement Mechanism to avoid parallel uncoordinated efforts;
Amendment 703 #
2018/2044(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on Member States to create or strengthen specialised laboratories; asks the Commission and Parliament to fund and support relevant cross-border research activities;
Amendment 706 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the Commission and the Member States to set common standards for vetting procedures at vulnerable institutions such as nuclear power plants or specialised laboratories;
Amendment 708 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Encourages Member States to make more use of technical detection systems of CBRN substances particularly at large-scale public events and calls on the Commission and the European Parliament to make further European funding available for comprehensive acquisitions of such systems;
Amendment 709 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Welcomes the approval of a regulation on civil aviation safety and the mandate of the European Aviation Safety Agency (EASA) and repealing Regulation (EC) No 216/2008; calls on the Commission to take into account security aspects for forthcoming delegated and implementing rules on drones and drones operations, including regularly updated risk assessments; mandatory registration, electronic identification and geofencing in all drones categories; and mandatory security licenses and trainings for operators of security and inspection missions;
Amendment 711 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9 d. Notes the increased cyber threat and underlines the importance to step up cyber security efforts also in the CT field;
Amendment 769 #
2018/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls for compulsory integration agreements for migrants to testify their active efforts to integrate by officially signing a newly developed „European Rights & Values Commitment“ to accept and live in line with European fundamental rights completely as well as to European “Leitkultur” (way of life); emphasises that in case of non-respect for our fundamental rights including the violation of our laws return/repatriation is the last but logical consequence which will be done in respect of international law and the principle of non-refoulement;
Amendment 779 #
2018/2044(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and tolerate only ‘practices of Islam’ that are in full accordance with EU values; calls upon the Member States to make transparent the foreign funding of mosques and schools and to ban funding from third countries that oppose the EU’s fundamental values of democracy, pluralism, tolerance, and equality between men and women; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities
Amendment 805 #
2018/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplains in the EU under transparent scrutiny, with only accrediting theological education programmes integrating EU valuesprofessorships whose incumbents fully respect EU values such as religious freedom, gender equality and the rule of secular law and revoking teaching permissions in case of misdemeanour; invites the Commission and the Member States to develop and fund a network of European religious scholars that can spread - and testify to - practices of Islam that are compliant withpromote EU values;
Amendment 821 #
2018/2044(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests the creation of a European Islamic Institute and Research Centre where scholars could conduct research on compatibilities between elements of practice of the Muslim religion and European values, andthat clearly respects the European Charter of Fundamental Rights and the legal framework of the Union, which could be called on to constitute a trusted advisory board for EU institutions and Member States;
Amendment 840 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to examine how to ensure that places of worship, education, charities, cultural associations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up with all the appropriate guarantees; calls on Member States to ban funding from third countries that oppose the EU’s fundamental values of democracy, pluralism, tolerance, and equality between men and women;
Amendment 866 #
2018/2044(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights that Member States have to ensure that all educational institutions provide education in accordance with the European Convention on Human Rights, through checks on curricula, regular inspections and sanctions for non- compliance and that religious zealots must not get access to schools;
Amendment 892 #
2018/2044(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve automatic, fast and full removal of terrorist content; requests the Commission to present a legislative proposal obliging companies to remove terrorist content fully within one hour and to introduce clear reporting and case-by-case preserving obligations on the incidence of terrorist content and removal rates, as well as sanctions for non-compliance;
Amendment 909 #
2018/2044(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the creation of an online European platform that citizens can use in order to flag terrorist and extremist content online; and asks companies to increase their capabilities to receive, review, and respond to flagged content;
Amendment 921 #
2018/2044(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for involvement of social media and audiovisual companies, including public broadcasters, in developing and disseminating effective counter-narratives, also with the inclusion of victims and to ensure that search engines place counter-narratives prominently;
Amendment 988 #
2018/2044(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges Member States to adopt the approach of ‘information sharing by default’ when it comes to sharing CT- related information with other Member States and relevant EU agencies and bodies, thus exchanging such information as a rule, and refraining from such exchange only in specific cases where circumstances require that it be withheld;
Amendment 1003 #
2018/2044(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Regrets the current existence of 28 different legal regimes for data retention, which is counter-productive for cooperation and information exchange; urges the Commission to put forward a legislative proposal on data retention, in line with the requirements stemming from the case-law of the Court of Justice of the European Union, while taking into account the neednotes the need to find a balance between security and data protection concerns in data retention legislation considering the imminent threat situation; urges the Commission to put forward a legislative proposal on data retention, taking into account the needs of the competent authorities and the specificities of the CT field as well as the jurisdiction of the CJEU by i.a. addressing new forms of communication such as over-the-top (OTT) messaging, establishing strong safeguards on the storing of data by the service providers as well as ofn the competent authorities and the specificities of the CT field; access side to data for criminal investigations, pseudonymisation opportunities, determining data categories that are particularly relevant for effectively combating terrorism and serious crime, providing for specifically trained and supervised staff dealing with data access or introducing periodic threat- assessments as a basis for retention periods;
Amendment 1196 #
2018/2044(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls for the swift adoption before the end of the current Parliament of the Commission proposals for a regulation and directive aimed at improving cross-border access to electronic evidence; requests online service providers (OSPs) to provide single points of contact for law enforcement/judiciary requests;
Amendment 1198 #
2018/2044(INI)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72 a. Calls on the Member States to ensure that any legal or political evaluation, check, procedure or lawsuit provides intelligence information with a special degree of protection and to ensure that the protection of confidentiality and integrity of sources of intelligence and officials is maintained in order not to endanger the work and the security of sources, informants and employees of the intelligence services;
Amendment 1238 #
2018/2044(INI)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79 a. Calls on the Commission to swiftly ensure that EBCGA reaches a standing corps of around 10,000 border guards1a; __________________ 1a http://europa.eu/rapid/press- release_MEMO-18-3621_en.htm
Amendment 1257 #
2018/2044(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Member States, FrontexEBCGA and Europol to establish a European Targeting Centre within Frontex that constitutes a joint venture with the national authorities and Europol; believes this centre should assist with the advance identification of travellers who pose a threat to the security of the EU and should function as a ‘round-the-clock’ service for national border guards when there are doubts regarding certain individuals; recommends the use of sophisticated software to increase the effectiveness of targeting and cooperation with international partners in this area;
Amendment 1427 #
2018/2044(INI)
Motion for a resolution
Paragraph 124
Paragraph 124
124. Calls for the simplification of the EU restrictive measures system, inter alia by revisiting 'partial' designations in order to make it an effective tool in the area of CT; notes that designations of groups or individuals in the restrictive measures system shall never be influenced by political considerations;
Amendment 1511 #
2018/2044(INI)
Motion for a resolution
Paragraph 137 a (new)
Paragraph 137 a (new)
137 a. Calls on the Member States to strictly stop by all legal means available any religious or political practice that constraints fundamental rights, leads to oppression, incites to sexual violence and other serious violent crime or promotes extremism as such practices are not covered by religious freedom or freedom of opinion; expects Member States to adopt unequivocal legal frameworks that preclude judges from granting “cultural rebates” when dealing with serious acts of violence and even torture and murder;
Amendment 160 #
2018/2037(INI)
Motion for a resolution
Recital G
Recital G
G. whereas it is essential to ensure a level playing field for farmers in all Member States, fair standard of living across regions and Member States, affordable prices for citizens and consumers, and access to quality food and healthy diets, while delivering on the commitments for environmental care, climate action, and animal and plant health and welfare;
Amendment 181 #
2018/2037(INI)
Motion for a resolution
Recital H
Recital H
H. whereas there is a need for an updated and fairer system of payments, as in many Member States the currentthe system of entitlements is based in many Member States on historic benchmarksreferences, which are now almost 20nearly twenty years old and which constituteserve as an obstacle to generational renewal and hindeaccess for young farmers’ access to farm land, as given the fact that new entrants do not possess entitlements and are thus at a disadvantaged;
Amendment 366 #
2018/2037(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the intention to simplify and modernise the CAP, but emphasisunderlines that the integrity of the sSingle mMarket and a truly common and adequately financed by the EU policy must be the overriding priorities of reform;
Amendment 416 #
2018/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that subsidiarity for Member States should only be granted within a common general set of rules and tools agreed at EU level as part of a uniform approach to all programming efforts and eligibility criteria, should cover both of the CAP’s pillars and ensure, in particular, a European approach in Pillar I without national co-financing and thus a level playing field;
Amendment 498 #
2018/2037(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to avoid renationalisation of CAP and grant more flexibility to Member States and regions within the framework of the agricultural de minimis rules ;
Amendment 536 #
2018/2037(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it necessary to maintain the current two-pillared architecture, particularly Pillar I, which is dedicated to income support for farmers; considers it necessary, at the same time, to compensate for the provision of public goods on the basis of uniformgeneral criteria, while allowing Member States to take specific approaches to reflect local conditions;
Amendment 554 #
2018/2037(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the current CAP architecture can only deliver its objectives if sufficiently funded; calls, therefore, for the CAP budget to be maintained in the nextonly if it remain a common, modern and well- funded policy which supports sustainable development of agriculture and is crucial for providing safe, high quality and diverse food, jobs and growth in rural areas; which contributes to further levelling of developmental gaps in agriculture and rural areas and which reflects social and economic cohesion in its financial and programming dimension as well as proposed instruments and thus calls for maintaining the CAP budget in the post-2020 MFF at at least athe current levels in order to achieve the ambitions of a revised and efficient CAP beyondafter 2020;
Amendment 618 #
2018/2037(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that more targeted support for family farms is necessary and that this can be achieved by introducing a compulsory higher support rate for small farms; considers, moreover, that and, at the same time and reflecting economies of scale considering different agricultural structures, support for larger farms should be digressive, reflecting economies of scale, with the possibility for capping to be decided by the Member States;
Amendment 670 #
2018/2037(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the replacement of the existing system for calculating direct payments in Pillar I, which is often based on historic entitlements, to be replaced bywith an EU-wide uniform method of calculating payments, in order so as to make the system simpler and more transparent;.
Amendment 691 #
2018/2037(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes that support paid per hectare of agricultural land, this should be used as a main criterion in calculating direct payments, accompanied by the extent of areas facing natural constraints;
Amendment 709 #
2018/2037(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Is certain that both the Basic Payment Scheme(BPS) and the Single Area Payment Scheme (SAPS) should continue to apply and all Member States should be allowed to choose between them;
Amendment 739 #
2018/2037(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need for a fair and equal distribution of direct payments between Member States, which must take into account socio-economic differences, different production costs and the amounts received by Member States under Pillar II;
Amendment 760 #
2018/2037(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls to complete the process of full convergence of direct payments between Member States as of 2021;
Amendment 765 #
2018/2037(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Underlines that all EU farmers have to meet the same standards and requirements and are facing the same challenges;
Amendment 778 #
2018/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that, provided that a level playing field in the single market can be guaranteed, voluntary coupled support (VCS) payments should be maintained, and used as a tool to address needs of sensitive sectors and in a wider scope to address specific objectives related to environment, climate or quality and marketing of agricultural products, counteract specific difficulties, particularly those arising from the structural competitive disadvantage of less- favoured and mountainous regions, as well as those which are more temporary in nature and arise from a shift away from the old entitlement scheme, for example;
Amendment 797 #
2018/2037(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. In case of direct payments related to voluntary coupled support (VCS), more support should be given to small and medium-sized farms, and socio-economic considerations, that could be used in addition to statistical production figures, need to be taken into account;
Amendment 817 #
2018/2037(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that generational renewal is a challenge faced by farmers in many Member States and that consequently each nNational sStrategy must therefore address this issue through a comprehensive approach, including top-ups in Pillar I1 and targeted measures in Pillar II, as well as by means of new financial instruments and national measures, in ordernd also via national measures and wider use of new financial instruments as a tool to grant access to capital in the circumstances of limited resources, to incentivisze famers to pass on their farming operations;.
Amendment 858 #
2018/2037(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that investment support (non-repayable) should primarily be used in areas of EU-level added value;
Amendment 879 #
2018/2037(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the importance of rural development, including the LEADER initiative, in, to improve the synergy of different policies and to enhance competitiveness, promotes effective and sustainable economies and enhances development of rural areas, to supporting multi-functional agriculture and in fostering additional entrepreneurial activities and opportunities, in order to generate income from agri-tourism, and to secure community-supported agricultureby financially strengthening Pillar II, thus increasing potential to generate income, to tackle depopulation, unemployment, poverty and theo provision of social services in rural areasmote social inclusion;
Amendment 936 #
2018/2037(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to introduce a new and comprehensive legal framework which allows the integration of the various types of environmental actions at present, such as cross compliance, greening and the good agricultural and environmental conditions (GAEC) standards, as well as agri-environment measures (AEMs) for rural development, so that farmers can deliver effectively and with less bureaucracy on environmental care, biodiversity and climate action, receiving equal awards for provision of comparable services of public interest, while ensuring that Member States have adequate control and taking into account local conditions;
Amendment 1164 #
2018/2037(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the necessity tof strengthening the position of the producers within the food supply chain, in particular by guaranteeing them a fair share of the added value, by fostering inter-sectoral cooperation, and strengthencombating unfair trade practices (UTPs) in the food supply chain as a minimum by introducing EU non-legislative document as well as promoting transparency in the markets and crisis preventiontackling crises;
Amendment 1208 #
2018/2037(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to allow and indeed encourage – particularly in the dairy sector –Underlines the importance of new Omnibus regulation to encourage active crisis management instruments, such as voluntary sector agreements to manage supply in quantitative terms among producers, producers organisations and processors, and to examine the possibility of extending such instruments to other sectors;
Amendment 1251 #
2018/2037(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Believes that the compliance of farming in partner states with good and sustainable farming practices, climate measures and other means to minimise environmental impact of farming, which are applied in the EU, shall become an obligatory threshold for allowing access of goods manufactured in the third states to enter the EU market;
Amendment 70 #
2018/2036(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the European Union’s cultural heritage is rich and diverse; whereas cultural heritage enriches the individual lives of citizens; whereas Article 3 of the TEU affirms, that ‘the Union shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’; whereas persons belonging to minorities that have been living together in Europe for centuries contribute to this rich, unique and diverse heritage and are an integral part of the European identity;
Amendment 101 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Recalls that while protection of minorities is a part of the Copenhagen criteria, both for the candidate countries and for the Member States, there is no guarantee that candidate states stick to the commitments undertaken under the Copenhagen criteria once they became Member States; recalls that there is no standard for minority rights in Union policy nor a common understanding of who can be considered a member ofperson belonging to a minority; notes that there is no definition of minorities in the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, nor in the Framework Convention for the Protection of National Minorities (FCNM); recommends that, with respect to the principles of subsidiarity, proportionality and non-discrimination, such a definition should be based on the definition, laid down in Council of Europe Parliamentary Assembly Recommendation 1201(1993) for an additional protocol on the rights of minorities to the European Convention on Human Rights, of a ‘national minority’ as a group of persons in a state who
Amendment 106 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
– reside on the territory of that state and are citizens thereof,
Amendment 107 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
– historically reside on the territory of that state,
Amendment 112 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 2
Paragraph 1 – indent 2
– historically maintain longstanding, firm and lasting ties with that state,
Amendment 126 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that within existing international standards every Member States has a right to define persons belonging to national minorities.
Amendment 130 #
2018/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that parts of the provisions of the FCNM and the European Charter for Regional or Minority Languages (‘Language Charter’) may fall within the competences of the EU, and recalls the FRA’s conclusion that whereas the Union does not have overall legislative competence to rule on the protection of national minorities as such, it ‘may rule on a variety of issues that affect persons belonging to national minorities’;
Amendment 136 #
2018/2036(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses that there is a need for a legislative proposal on minimum standards of protection of minorities in the EU, for improving the situation of minorities in all the Member States and to avoid double standards, while respecting the principle of subsidiarity and proportionality, and after carrying out a proper impact assessment; calls on the Commission and the Member States to ensure that their legal systems guarantee that persons belonging to a minority are not discriminated against, and to take and implement targeted protection measures based on relevant international standards;
Amendment 143 #
2018/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States, while safeguarding the national citizenship, and calls on the Commission, while promoting the European identity and common values, to safeguard the right of persons belonging to national minorities to preserve, protect and develop their own identity, and to take the necessary steps to ensure the effective participation of national minorities in social, economic and cultural life and in public affairs;
Amendment 155 #
2018/2036(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that common and minimum standards to protect the rights of persons belonging to national or ethnic, religious and linguistic minorities should be developed in the EU, taking account of best practices already used within the Member States, such as in Italy (Alto Adige/South Tyro)l, in Germany (Schleswig-Holstein) or in Finland, following the procedural principles of good neighbourliness, friendly relations and co- operation between the Member States, and on the basis of the implementation of international standards and norms; recalls the implementation of the commitments adopted and principles developed in the framework of the OSCE, particularly in its thematic recommendations and guidelines; recalls that the Commission has already taken these standards into account in the context of the Copenhagen criteria during the accession negotiations with the countries of Central and Eastern Europe, Cyprus, Malta, Bulgaria, Romania, Croatia and the current candidate countries;
Amendment 186 #
2018/2036(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that national minorities are groups of persons belonging to minorities who have been historically living on the same territory, historically maintaining longstanding, firm and lasting ties with that state, and sharing a common identity, in some instances as a result of border changes, in others as a result of living a long time in an area, whereby they have managed to preserve their identity; calls on the Member States and the Commission to protect the cultural and linguistic identity of national minorities, and to create conditions for the promotion of that identity; points to the important role that regional and local authorities in the EU can play in protecting national minorities, and considers that administrative reorganisation and territorial districting must not have negative consequences for them;
Amendment 253 #
2018/2036(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that every person belonging to a national minority has the right to learn his or her minority language.
Amendment 254 #
2018/2036(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on the Member States and the Commission to ensure, in line with international norms, that in areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, as far as possible and within the framework of Member State education systems, persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instructions in this language.
Amendment 261 #
2018/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States and the Commission to ensure that persons belonging to national minorities have rights and adequate opportunities to receive education in a minority language andor for instruction in their mother tongue in both public and private educational institutions; calls on the Member States to formulate appropriate education policies, bearing in mind the right for education in a minority language and the needs of national minorities; calls on the Members States and the Commission to incorporate the best practices in teaching foreign languages into the methodology of teaching official languages when it comes to curricula for schools which provide education in a minority language; notes that the Member States should ensure that both the regional or minority language and the official language are taught using appropriate methods;
Amendment 270 #
2018/2036(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to define preferential thresholds in the learning of regional or minority languages; calls on the Member States and the Commission to ensure that people belonging to national minorities living in rural area, or living in widely scattered settlements, have the right to learn his or her minority language, or receive education in a minority language, e.g. in their mother tongue, if there is sufficient demand, and ; calls on the Member States and the Commission to ensure that education reforms and policies do not restrict the right to receive education in a minority language;
Amendment 322 #
2018/2036(INI)
Motion for a resolution
Paragraph 30 – introductory part
Paragraph 30 – introductory part
30. Calls on the Commission to draw up a roadmap towards establishing minimum standards for the protection of minorities; recommends that this roadmap should contain measurable milestones with regular reporting, andthey should consist, as a minimum of
Amendment 326 #
2018/2036(INI)
Motion for a resolution
Paragraph 30 – indent 2
Paragraph 30 – indent 2
Amendment 329 #
2018/2036(INI)
Motion for a resolution
Paragraph 30 – indent 3
Paragraph 30 – indent 3
Amendment 64 #
2017/2274(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates support for a bilateral investment agreement between the EU and Taiwan; recognizes that Taiwan is not only one of the EU’s major trading partners in East Asia but also a springboard to China for EU businesses, and such an agreement is in the interest of the EU and its Member States;
Amendment 1 #
2017/2256(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard,
Amendment 3 #
2017/2256(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regards to the Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol),
Amendment 4 #
2017/2256(INI)
Motion for a resolution
Citation 2 c (new)
Citation 2 c (new)
- having regard to the Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European border surveillance system (Eurosur),
Amendment 8 #
2017/2256(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Schengen area is a unique arrangement and one of the greatest achievements of the European Union, allowing free movement of people within the Schengen area without controls at internal borders; whereas this has been made possible through a variety of compensating measures, such as re- enforcing the exchange of information through the establishment of the Schengen Information System (SIS) and creating an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area; whereas mutual trust also demands solidarity, judicial and police cooperation in criminal matters, joint protection of EU external borders and common views on migration, visa and asylum policies;
Amendment 11 #
2017/2256(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Schengen area is a unique arrangement and one of the greatest achievements of the European Union, allowing free movement of people within the Schengen area without controls at internal borders; whereas this has been made possible through a variety of compensating measures, such as re- enforcing the exchange of information through the establishment of the Schengen Information System (SIS) and creating an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area; whereas mutual trust also demands solidarity, judicial and police cooperation in criminal matters and common viewsunderstanding on migration, visa and asylum policies;
Amendment 49 #
2017/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotWelcomes the effectiveness of the measures taken at the external borders and the creation of the European Border and Coast Guard Agency; notpraises the efforts of the Agency in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States particularly affected by migratory pressure; sees the importance of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders and preventing crises and acknowledges that further development of vulnerability assessment methodology is needed; emphasises the concerted efforts and cooperation between agencies and other stakeholders in organising the ‘Hotspot’ approach;
Amendment 57 #
2017/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. NotWelcomes the steps taken through the amendment of the Schengen Borders Code and introduction of mandatory systematic register checks for EU nationals, while remaining vigilant about the effects these requirements have on the border crossings of EU nationals;
Amendment 63 #
2017/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the support and capacity-building measures taken in the countries of origin to address the root causes of irregularllegal migration; considers it crucial that adequate maritime search-and- rescue aspects and capabilities are embedded into all operational planning and execution, as provided for in Regulation (EU) No 656/2014;
Amendment 75 #
2017/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers cooperation with third countries, in particular in the context of development policy and readmission agreements, as one of the most essential elements in finding the solution to irregularllegal migration;
Amendment 94 #
2017/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotWelcomes the work done in the field of cross-border police and law enforcement cooperation and the work of EUROPOL, in particular the European Migrant Smuggling Centre, to counter trafficking in human beings through intelligence, information exchange and joint investigations;
Amendment 96 #
2017/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s efforts to elaborateprogress made on the European Integrated Border Management (IBM) conceptstrategy on the basis of the provisions in the European Border and Coast Guard Regulation and calls for swift preparation of the technical and operational strategy by the European Border and Coast Guard Agency and alignment of the national IBM Strategies;
Amendment 112 #
2017/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current state of Schengen and the issues it has encountered are not due to problems in the structure and construction of Schengen itself but rather to the connected fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation, and control of the external borders;
Amendment 117 #
2017/2256(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers the critical shortcomingserious deficiencies discovered through the Schengen Evaluation Mechanism and the vulnerability assessment to be problematic;
Amendment 123 #
2017/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses great concern regarding the implementation of the European Border and Coast Guard Regulation ((EU) 2016/1624) and underlines the need for Member States to comply with the requirements stipulated in the regulation, in particular regard; calls on Member States to urgently fill ing the commitments to the rapid reactionexisting gaps for both experts and technical equipment pool;
Amendment 133 #
2017/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns the continued reintroduction of internal border checks as this undermines the basic principles of the Schengen area, and expresses doubts about the lawfulness of some prolongations of controls; is also of the opinion that Member States have not taken the proper measures to ensure cooperation with other affected Member States to minimise the effects of these measures, nor have they provided enough information on the results of such controls, therefore hindering the analysis by the Commission and scrutiny by Parliament; considers the economic, political and social impacts of this practice to be detrimental to the unity of the Schengen area and harmful to the prosperity of European citizens; recalls that Member States have other tools available, namelyincluding targeted police controls, as recommended by the Commission;
Amendment 197 #
2017/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to further develop mutual cross-border police cooperation through joint threat assessment, risk analysis and patrols; calls for the full implementation of the Prüm Convention and EU Council Decision 2008/615/JHA, and adhesion to the European Information Exchange Model and the Swedish Initiative; calls on the Member States to improve their national law enforcement cooperation structures and to improve practical cooperation, in particular with neighbouring Member States;
Amendment 89 #
2017/2070(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that the Commission has announced on more than one occasion the launch of negotiations about investment with Hong Kong and Taiwan, and deems it regrettable that no such negotiations have yet begun; urges the Commission to finish the preparatory works and to formally start negotiations on investment agreements as soon as possible;
Amendment 264 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, including energy, transport, communications, mass media channels, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 36 #
2016/2308(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the Russian involvement in Syria, including support of the Syrian military's use of chemical weapons, which further destabilises the country and increases the number of refugees seeking protection in Turkey and the EU,
Amendment 282 #
2016/2308(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to take into account the latest developments in Turkey when conducting the mid-term review of the Instrument for Pre-Accession Assistance (IPA) funds in 2017, and to suspend all pre-accession funds if Turkey no longer sufficiently complies with the EU’s Copenhagen criteria; calls on the Commission to use those funds to support Turkish civil society and to invest more in people-to-people exchange programmes, such as Erasmus+ for students;
Amendment 294 #
2016/2308(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Condemns in the strongest terms all terrorist attacks carried out in Turkey, and stands firmly by Turkey’s population in our joint fight against terrorism; welcomes the close bilateral relations between EU Member States and Turkey in the field of anti-terrorism cooperation, including on ‘foreign fighters’; underlines that strong cooperation between Europol and Turkish law enforcement authorities is key to effectively combat terrorism; reiterates its condemnation of the return to violence by the Kurdistan Workers’ Party (PKK), which has been on the EU’s list of terrorist organisations since 2002; invites the Member States to enforce legislation banning the use of signs and symbols of organisations which are on that list;
Amendment 318 #
2016/2308(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Commends the engagement by the Turkish Government and the hospitality shown by the population in hosting around 3 million refugees; notes the EU-Turkey statement on migration, and urges the Member States to initiate the voluntary resettlement scheme for the most vulnerable refugees in Turkey; calls on the Commission to ensure long-term investment in both refugees and their host communities in Turkey; encourages the Turkish Government to grant work permits to all Syrian refugees; calls on Ankara to keep up itsTurkey and the EU to keep up their coordinated patrolling efforts in the Aegean and to implement fully the bilateral readmission agreements signed with Bulgaria and Greece;
Amendment 8 #
2016/2031(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Customs Union has shown that it clearly fails todoes not meet the requirements ofneeded for modern trade relations between the parties;
Amendment 16 #
2016/2031(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Turkey has been implementing an ever increasing number of tariff and non-tariff barriers over time;
Amendment 75 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
(iv) the current structure of the Ankara agreement should be considered inadequCustoms Union is outdated in terms of the evolution of the EU’s trade policy, in that: (a) it does not consider specific issues such as sustainable development, protection of social rights and labour, gender equality, protection of food safety and health, sanitary-phytosanitary measures (SPS), SMEs or the protection of foreign investments; (b) it does not take account of the specific role of the European Parliament and of the national parliaments; (c) the provisions concerning the settlement of disputes reflect the political nature of the agreement;
Amendment 85 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point a – point vi
Paragraph 1 – point a – point vi
(vi) the entire negotiating process should be based on the principles of transparency and full access to the proceedings where appropriate without undermining European interests in the negotiations;
Amendment 90 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
(i) a prerequisite for the modernisation of the Customs Union is that Turkey shoulbefore the start of the negotiations should commit to progressively abolish existing barriers to trade that do not comply with the Customs Union and refrain from adopting any protectionist or restrictive measures in the future, such as the unilateral imposition of customs duties and non-tariff barriers on goods produced in the EU, including goods released for free circulation, or government policies to reduce imports;
Amendment 109 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point b – point v
Paragraph 1 – point b – point v
(v) it is important to introduce a strict and effective dispute settlement mechanism that is able to operate within a framework of impartiality and legal certainty in keeping with the rules and practice of the WTO;
Amendment 112 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
Amendment 124 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point i
Paragraph 1 – point c – point i
(i) when major sectors such as agriculture, services and public procurement are included in the new framework for trade relations between the EU and Turkey, it is important that the new structure is defined on the basis of Articles 207 and 218 TFEU and that the commitments taken in the modernised Customs Union clearly take into account the distribution of competences between the Union and the Member States;
Amendment 134 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point ii
Paragraph 1 – point c – point ii
(ii) the liberalisation of the sectors that are not currently included in the Customs Union should take place in a progressive and binding manner, by measuring its impact on businesses, particularly SMEs, employees, consumers and the environment. To that end, parliamentary institutions, both at EU level and nationally, can play an active role in liaising and holding talks with stakeholders and civil society;
Amendment 137 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point ii a (new)
Paragraph 1 – point c – point ii a (new)
(iia) the negotiations should take into account the specific challenges and interests of SMEs, dedicating a chapter to SMEs;
Amendment 141 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point iii
Paragraph 1 – point c – point iii
(iii) negotiations should focus oninclude the active promotion of decent work for all and the effective fight against national practices which seek to undermine the social and environmental substance of work for the purpose of promoting domestic production and attracting foreign investment;
Amendment 143 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point iii a (new)
Paragraph 1 – point c – point iii a (new)
(iiia) when including chapters on sustainable development it is important that no uncertainties about the distribution of competences between the Union and the Member States persist;
Amendment 146 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point iv
Paragraph 1 – point c – point iv
(iv) the liberalisation of agricultural products should be conditional uponprogressive and reciprocal and it should be accompanied by a reform of Turkish legislation on grants and export subsidies in order to avoid distortionary effects on the CAP system. Special consideration should be given to the impact on small-scale farmers regarding those categories of product that are vulnerable to competition;
Amendment 149 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point iv a (new)
Paragraph 1 – point c – point iv a (new)
(iva) the agricultural products in question should be identified, transitional periods and appropriate quotas should be laid down for the most sensitive products, and in some cases such products should be excluded;
Amendment 150 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point iv b (new)
Paragraph 1 – point c – point iv b (new)
(ivb) takes the view that the recognition and protection of geographical indications must be included owing to their economic importance and their significance in terms of retaining know- how, particularly for SMEs;
Amendment 163 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point vi
Paragraph 1 – point c – point vi
(vi) owing to its importance and impact, the services sector should be liberalised on the basis of stringent transparency criteria, full reciprocity, non-discrimination and legislative harmonisation, with thhile exclusion ofding audiovisual services and services of general economic interestand public services from all direct or indirect privatisation obligations;
Amendment 166 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point vii
Paragraph 1 – point c – point vii
(vii) in areas such as the digital economy, telecommunications, postal services and financial services, attention should be paid to aspects relating to the free flow of data while providing adequate data protection; in the transport sector, the current quota system should be maintained;
Amendment 170 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point viii
Paragraph 1 – point c – point viii
(viii) rigorous procedures should be establishedcommitments in Mode 4 should be achieved including procedures regarding the entry and residence of professionals;
Amendment 181 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point ix
Paragraph 1 – point c – point ix
(ix) the new EU-Turkey trade framework should lay down specific provisions for the protection of investments including a dispute settlement mechanism;
Amendment 182 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point ix
Paragraph 1 – point c – point ix
(ix) the new EU-Turkey trade framework should lay down specific provisions for the protection of investments within the Union's exclusive competence;
Amendment 186 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point x a (new)
Paragraph 1 – point c – point x a (new)
(x a) for highly regulated sectors it is important to include transparency provisions that are built upon general due process principles in decision-making procedures and respect of rule of law;
Amendment 187 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point x b (new)
Paragraph 1 – point c – point x b (new)
(xb) it is imperative to foresee a special mechanism to monitor the implementation of the modernised Customs Union, in line with this also the actual utilisation of preferences, especially of SMEs, should be analysed in order to maximise the trade benefits;
Amendment 189 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Asks the Council to give its mandate to the Commission to start the negotiations with Turkey on the modernisation of Customs Union.
Amendment 165 #
2016/0357A(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Indeed, the Communication of 6 April 2016 identified a series of information gaps. Amongst them the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders. The Communication of 6 April 2016 announced that the Commission would launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). Such an automated system would determine the eligibility of visa-exempt third country nationals prior to their travel to the Schengen Area, and whether such travel poses a security or irregularllegal migration risk.
Amendment 182 #
2016/0357A(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregularllegal migration, security or public health risk. Holding a valid travel authorisation should be a new entry condition for the territory of the Member States, however mere possession of a travel authorisation should not confer an automatic right of entry.
Amendment 192 #
2016/0357A(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The ETIAS should contribute to a high level of security, to the prevention of irregularllegal migration and to the protection of public health by providing an assessment of visitors prior to their arrival at the external borders crossing points.
Amendment 239 #
2016/0357A(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The screening rules should be used to analyse the application file by enabling a comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators corresponding to previously identified security, irregularllegal migration or public health risk. The criteria used for defining the specific risk indicators should in no circumstances be based on a applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation.
Amendment 248 #
2016/0357A(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The continuous emergence of new forms of security threats, new patterns of irregularllegal migration and public health threats requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.
Amendment 294 #
2016/0357A(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security, irregularllegal migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregularllegal migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or irregularllegal migration risk posed by the applicant. Where such a decision has been issued, the 5 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.
Amendment 304 #
2016/0357A(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to assess the security, irregularllegal migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES33 , the ECRIS34 and the recast proposal of the Eurodac Regulation35 have been adopted. _________________ 33 Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) COM(2016) 194 final. 34 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. 35 Proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] , for identifying an illegally staying third- country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) COM(2016) 272 final.
Amendment 316 #
2016/0357A(COD)
Proposal for a regulation
Recital 50 – indent 5
Recital 50 – indent 5
- to further specify the security, irregularllegal migration or public health risks to be used for the establishment of the risk indicators.
Amendment 333 #
2016/0357A(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregularllegal migration, security or public health risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
Amendment 352 #
2016/0357A(COD)
(d) 'travel authorisation' means a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregularllegal migration, security or public health risk and which is a requirement for third country nationals referred to in Article 2 to fulfil the entry condition laid down in Article 6(1)(b) of Regulation (EU) 2016/399.
Amendment 382 #
2016/0357A(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) contribute to the prevention of irregularllegal migration by providing for an irregularllegal migration risk assessment of applicants prior to their arrival at the external borders crossing points;
Amendment 605 #
2016/0357A(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
The specific risk indicators based on irregularllegal migration risks determined pursuant to Article 28(2) shall not apply.
Amendment 610 #
2016/0357A(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. An application for a travel authorisation shall not be refused on the ground of an irregularllegal migration risk as referred to in Article 31(1)(b).
Amendment 639 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point b
Article 22 – paragraph 4 – point b
(b) where the hit corresponds to one or several of the categories laid down in Article 18(2)(d) to (m), assess the security or irregularllegal migration risk and decide whether to issue or refuse a travel authorisation.
Amendment 646 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the irregularllegal migration, security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 654 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the irregularllegal migration, security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 713 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The ETIAS screening rules shall be an algorithm enabling the comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators pointing to irregularllegal migration, security or public health risks. The ETIAS screening rules shall be registered in the ETIAS Central System.
Amendment 718 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The irregularllegal migration, security or public health risks shall be determined on the basis of:
Amendment 724 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregularllegal migration, security or public health risk associated with a specific group of travellers;
Amendment 733 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to further specify the irregularllegal migration, security or public health risks referred to in paragraph 2.
Amendment 770 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the examination of an application pursuant to the procedures laid down in Chapters III, IV and V indicates that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregularllegal migration, security or public health risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.
Amendment 774 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The ETIAS National Unit of the responsible Member State may attach a flag to the travel authorisation it issues, recommending further checks at the border crossing point. This flag shall only be visible to the border guards, it shall indicate the reason for such flag and it shall be removed automatically once the check has been carried out.
Amendment 792 #
2016/0357A(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
Article 31 – paragraph 1 – subparagraph 1 – point b
(b) poses an irregularllegal migration risk;
Amendment 930 #
2016/0357A(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. For the purposes of Article 1(2), Europol may request consultation of data stored in the ETIAS Central System and submit a reasoned electronic request for consultation of a specific set of data stored in the ETIAS Central System to the ETIAS Central Unita verifying Unit specifically designated for that purpose with duly empowered Europol officials.
Amendment 936 #
2016/0357A(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Europol requests for consultation of data stored in the ETIAS Central System shall be subject to prior verification by the EDPS, where appropriate in accordance with the procedure of Article 44 of Regulation (EU) 2016/794, whichThe verifying Unit referred to in paragraph 1 of this Article shall examine in an efficient and timely manner whether the request fulfils all conditions of paragraph 2.
Amendment 938 #
2016/0357A(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. Where the EDPS has approved the request,verifying Unit referred to in paragraph 1 of this Article has approved the request, it shall submit the request to the ETIAS Central Unit, which shall process the request for consultation of data stored in the ETIAS Central System and shall provide the result of the consultation to Europol. The request submitted to the ETIAS Central Unit shall only contain the parameters to be used for the consultation and may not contain any operational information, nor the information or operational arguments justifying the request.
Amendment 981 #
2016/0357A(COD)
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 3
Article 54 – paragraph 2 – subparagraph 3
Where a travel authorisation is amended by the ETIAS Central Unit or an ETIAS National Unit during its validity period, the ETIAS Central System shall carry out the automated processing laid down in Article 18 to determine whether the amended application file triggers a hit pursuant to Article 18(2) to (5). Where the automated processing does not report any hit, the ETIAS Central System shall issue an amended travel authorisation with the same validity of the original and notify the applicant. Where the automated processing reports one or several hit(s), the ETIAS National Unit of the Member State of first entry as declared by the applicant in accordance with Article 15(2)(j) shall assess the irregularllegal migration, security or public health risk and shall decide whether to issue an amended travel authorisation or, where it concludes that the conditions for granting the travel authorisation are no longer met, revoke the travel authorisation.
Amendment 1049 #
2016/0357A(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, eu-LISA shall establish, implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregularllegal migration, security and health risks, to enhance the efficiency of border checks, to help the ETIAS Central Unit processing the travel authorisation applications and to support evidence-based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.
Amendment 74 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(b) Significant distortions for the product concerned within the meaning of point (a) may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials,are those distortions which occur when reported prices or costs are not the result of free market forces as they are affected by substantial government intervention. In considering whether or notWhen assessing the existence of significant distortions exist, regard may be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives.
Amendment 90 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point c
Article 2 – paragraph 6 a – point c
(c) When appropriate, the Commission services may issuehas well- founded indications of the possible existence of significant distortions as report describing the specific situation concerning the criteria listed inferred to in point (b), and when appropriate for the effective application of this Regulation, a report describing the market circumstances as per point (b) in a certain country or a certain sector shall be produced or updated. Such reports and the evidence on which it isthey are based mayshall be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to rebut, supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations maderelating to the existence of significant distortions shall take into account all of the relevant evidence on the file. The Commission shall review and update the report if necessary in the case of a change of market circumstances as per point (b). A review of the report should be carried out at least once within two years.
Amendment 108 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the evidence in the report referred to in point (c) for the calculation of normal valuewhere meeting the standard of evidence in view of Article 5(9) when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11, or a request for a reinvestigation in accordance with Article 12.
Amendment 150 #
2016/0351(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EU) 2016/1037
Article 10 – paragraph 7
Article 10 – paragraph 7
The Commission shall also offer consultations to the country of origin and/or export concerned with regard to other subsidies identified in the course of the investigation. In these situations, the Commission shall send to the country of origin and/or export a summary of the main elements concerning other subsidies, in particular those referred to in point (c) of paragraph 2 of this article. If the additional subsidies are not covered by the notice of initiation, the notice of initiation shall be amended and the amended version be published in the Official Journal of the European Union, inviting a. All interested parties will be given additional and sufficient time to comment.
Amendment 23 #
2016/0308(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to prevent fraud, the Commission should monitor the application of the autonomous trade measures by the customs authorities in cooperation with the Member States.
Amendment 30 #
2016/0308(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Regulation shall apply to products manufactured in, or exported from the territory of Ukraine as recognised by the Union.
Amendment 64 #
2016/0295(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 74 #
2016/0295(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The scope of "catch-all controls", that apply to non-listed dual use items in specific circumstances, should be clarified and harmonised, and should address the risk of terrorism and human rights violations. Appropriate exchange of information and consultations on "catch all controls" should ensure the effective and consistent application of controls throughout the Union. Targeted catch-all controls should also apply, under certain conditions, to the export of cyber- surveillance technology.
Amendment 85 #
2016/0295(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions to update the common list of dual-use items subject to export controls in Section A of Annex I should be in conformity with the obligations and commitments that Member States and the Union have accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. Decisions to update the common list of dual-use items subject to export controls in Section B of Annex I, such as cyber-surveillance technology, should be made in consideration of the risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the Union and its Member States. Decisions to update the common list of dual-use items subject to export controls in Section B of Annex IV should be made in consideration of the public policy and public security interests of the Member States under Article 36 of the Treaty on the Functioning of the European Union. Decisions to update the common lists of items and destinations set out in Sections A to J of Annex II should be made in consideration of the assessment criteria set out in this Regulation.
Amendment 109 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Amendment 124 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘broker’ shall mean any natural or legal person or partnership resident or established in a Member State of the Union , or a legal person or partnership owned or controlled by such person, or another person that carries out brokering services from the Union into the territory of a third country;
Amendment 126 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘supplier of technical assistance’ means any natural or legal person or partnership resident or established in a Member State of the Union, or a legal person or partnership owned or controlled by such person, or another person which supplies technical assistance from the Union into the territory of a third country;
Amendment 134 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. 'lLarge project authorisation' shall mean a global export authorisation granted to one specific exporter, in respect of a type or category of dual-use item which may be valid for exports to one or more specified end users in one or more specified third countries for the duration of a specified project the realisation of which exceeds onthree years;
Amendment 140 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
21. 'cyber-surveillance technology' shall mean items specially designed to enable the covert intrusion into information and telecommunication systems with a view to monitoring, exfiltracting, collecting and analysing data and/or incapacitating or damaging the targeted system. This includes items related to the following technology and equipment: (a) mobile telecommunication interception equipment; (b) intrusion software; (c) monitProducts shall be specifically defined and listed in a dedicated category of Annex 1 according centers; (d) lawfulto the intercepnation systems and data retention systems (e) digital forensics;al export control regimes including Wassenaar.
Amendment 142 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point a
Article 2 – paragraph 1 – point 21 – point a
Amendment 143 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point b
Article 2 – paragraph 1 – point 21 – point b
Amendment 144 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point c
Article 2 – paragraph 1 – point 21 – point c
Amendment 145 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point d
Article 2 – paragraph 1 – point 21 – point d
Amendment 146 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point e
Article 2 – paragraph 1 – point 21 – point e
Amendment 150 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – subparagraph 1 a (new)
Article 2 – paragraph 1 – point 21 – subparagraph 1 a (new)
However, 'cyber surveillance technology' shall not mean items specially designed for any of the following: (a) billing; (b) data collection functions within network elements (e.g. Exchange or HLR;) (c) marketing purposes; (d) quality of service of the network (QoS); (e) user satisfaction (Quality of Experience - QoE); (f) operations at telecommunications companies; (g) network protection (e.g. firewalls);
Amendment 162 #
2016/0295(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. An authorisation shall be required for the export of dual-use items not listed in Annex I if the exporter has been informed by the competent authority of the Member State in which he is established that the items in question are or may be intended, in their entirety or in part:
Amendment 167 #
2016/0295(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 177 #
2016/0295(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 186 #
2016/0295(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. If an exporter, under his obligation to exercise due diligence, is awar has sufficient and substantiated evidence that dual-use items which he proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraph 1, he must notify the competent authority of the Member State in which he is established, which will decide whether or not it is expedient to make the export concerned subject to authorisation.
Amendment 187 #
2016/0295(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Authorisations for the export of non-listed items shall be granted for specific items and end-users. The authorisations shall be granted by the competent authority of the Member State where the exporter is resident or established or, in case when the exporter is a person resident or established outside the Union, by the competent authority of the Member State where the items are located. The authorisations shall be valid throughout the Union. The authorisations shall be valid for onthree years, and may be renewed by the competent authority. The competent authority may however issue an authorisation for a shorter period under extraordinary circumstances and for compelling reasons if it is necessary when assessing the criteria in Article 14.
Amendment 194 #
2016/0295(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
A Member State which imposes an authorisation requirement, in application of paragraphs 1, 2 and 3 on the export of a dual-use item not listed in Annex I, shall, unless it would prejudice its national security interests, immediately inform the other Member States and, the Commission, and the exporter and provide them with the relevant information, in particular concerning the items and end- users concerned. The other Member States shall give all due consideration to this information and shall make known within 10 working days any objections they may have to the imposition of such an authorisation requirement. In exceptional cases, any Member State consulted may request an extension of the 10-day period. However, the extension may not exceed 320 working days.
Amendment 197 #
2016/0295(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
If no objections are received, the Member States consulted shall be considered to have no objection and shall impose authorisations requirements for all "essentially similar transactions" meaning an item with essentially identical parameters or technical characteristics to the same end use or consignee. They shall inform their customs administration and other relevant national authorities about the authorisations requirements. The Commission shall publish in the Official Journal a short description of the case, the reasoning of the decision and indicate, if applicable, the new authorisation requirement in a new Section E of Annex II.
Amendment 206 #
2016/0295(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If a broker is awarhas sufficient and substantiated evidence that the dual- use items listed in Annex I for which he proposes brokering services are intended, in their entirety or in part, for any of the uses referred to in Article 4(1), he must notify the competent authority of the Member State in which he is established which will decide whether or not it is expedient to make such brokering services subject to authorisation.
Amendment 210 #
2016/0295(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The transit of non-Union dual-use items listed in Annex I may be prohibited at any time by the competent authority of the Member State where the items are situated if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
Amendment 218 #
2016/0295(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
If a supplier of technical assistance is aware that the dual-use items for which he proposes to supply technical assistance outside the territory of the Union are intended, in their entirety or in part, for any of the uses referred to in Article 4, he must notify the competent authority in the Member State in which he is established which will decide whether or not it is expedient to make such technical assistance subject to authorisation.
Amendment 222 #
2016/0295(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Paragraphs 1 and 2 shall not apply if the technical assistance (a) is provided in a country listed in Section A of Annex II, (b) takes place via the passing on of information which is generally available or forms part of basic research within the meaning of the General Technology Note to Annex I or Section A of Annex I, (c) does not refer to technology which is cited in the numbers of category E of Annex I, or (d) represents the absolutely necessary minimum for the construction, operation, maintenance and repair of those dual-use items for which an export authorization was issued.
Amendment 223 #
2016/0295(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. A Member State may prohibit or impose an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security or, for human rights considerations or for the prevention of acts of terrorism.
Amendment 234 #
2016/0295(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and global export authorisations shall be valid for onthree years, and may be renewed by the competent authority. Global export authorisations for large projects shall be valid for a duration to be determined by the competent authority based, inter alia, on the duration of the export contract. The competent authority may however issue an authorisation for a shorter period under extraordinary circumstances and for compelling reasons if it is necessary when assessing the criteria in Article 14.
Amendment 245 #
2016/0295(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Authorisations may be subject, if appropriate and possible, to an end-use statement.
Amendment 262 #
2016/0295(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 268 #
2016/0295(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) respect for human rightsthe occurrence of the violations of human rights law and international humanitarian law in the country of final destination as well as respecthas been established by thate country of international humanitarian lawmpetent bodies of the UN, the Council of Europe and the Union;
Amendment 300 #
2016/0295(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
Amendment 329 #
2016/0295(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 366 #
2016/0295(COD)
Proposal for a regulation
Annex I – Section B
Annex I – Section B
Amendment 409 #
2016/0295(COD)
Proposal for a regulation
Annex II – Section H – part 3 – paragraph 1 – point 1
Annex II – Section H – part 3 – paragraph 1 – point 1
(1) by the exporter or by any entity owned or controlled by the exporter;any company resident or established in a Member State of the Union to any sister company, subsidiary or parent company provided these entities are owned or controlled by the same parent company or by each other and provided the item is for use for company cooperation projects including commercial product development, research, servicing, production and usage and, in the case of employees and order processors, pursuant to the agreement establishing the employment relationship.
Amendment 418 #
2016/0295(COD)
Proposal for a regulation
Annex II – Section I – part 3 – paragraph 1 – point 4
Annex II – Section I – part 3 – paragraph 1 – point 4
(4) the relevant items are exported to a customs-free zone or a free warehouse which is located in a destination covered by this authorisation when the warehouse is not under the control of the EU exporter.
Amendment 106 #
2016/0223(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation. _________________ 31 OJ L 337, 20.12.2011, p. 9. OJ L 337, 20.12.2011, p. 9.
Amendment 110 #
2016/0223(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) A common policy on asylum, including a Common European Asylum System (CEAS) which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States.
Amendment 127 #
2016/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised.
Amendment 129 #
2016/0223(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 136 #
2016/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply commona set of basic criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of basic rights is available for those persons in all Member States.
Amendment 157 #
2016/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation.
Amendment 161 #
2016/0223(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information, and other relevant guidelines and tools. When applying this Regulation, Member States' authorities should take into account operational standards, indicative guidelines, and best practices developed by the European Union Agency for Asylum [the Agency]. When assessing applications for international protection, Member States' authorities should take particularinto account of the information, reports, common analysis and guidance on the situation in countries of origin developed at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation34 _________________ 34 COM(2016)271 final.
Amendment 174 #
2016/0223(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to introduce commonbasic criteria for recognising applicants for asylum as refugees within the meaning of Article 1 of the Geneva Convention.
Amendment 187 #
2016/0223(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherent part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority.
Amendment 195 #
2016/0223(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 196 #
2016/0223(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 233 #
2016/0223(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 267 #
2016/0223(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 278 #
2016/0223(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Access to healthcare, including both physical and mentalbasic healthcare, should be ensured to beneficiaries of international protection.
Amendment 286 #
2016/0223(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shallould have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory.
Amendment 290 #
2016/0223(COD)
Proposal for a regulation
Recital 56
Recital 56
Amendment 335 #
2016/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
Amendment 349 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The elements referred to in paragraph 1 shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous applications [for international protection and results of any expedited resettlement procedure as defined by Regulation (EU) no XXX/XX [Resettlement regulation]], travel routes, travel documents and the reasons for applying for international protection.
Amendment 401 #
2016/0223(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities shall base themselves onmay take into account any guidance provided in relevant Union law, in particular available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [ Regulation on the European Union Agency for Asylum ].
Amendment 411 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shall be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. The applicant shall not be required to prove that, before seeking international protection, he or she has exhausted all possibilities to obtain protection in his or her country of origin.
Amendment 416 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In examining whether an applicant has a well-founded fear of being persecuted or is at real risk of suffering serious harm, or has access to protection against persecution or serious harm in a part of the country of origin in accordance with paragraph 1, determining authorities shallmay at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant in accordance with Article 4. To that end, determining authorities shall ensure that precise and up-to-date information is obtained from all relevant sources, including available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum], as well as information and guidance issued by the United Nations High Commissioner for Refugees.
Amendment 418 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant.
Amendment 434 #
2016/0223(COD)
Amendment 450 #
2016/0223(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity, to avoid the risk of persecution in his or her country of origin, provided such practices and behaviour is not contradicting Union law and norms.
Amendment 460 #
2016/0223(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) shall base itself ontake into account precise and up- to-date information obtained from all relevant sources, including Union level country of origin information and common analysis of country of origin information referred to in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
Amendment 465 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) he or she has planned, facilitated or participated in the commission of terrorist offences.
Amendment 466 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a b (new)
Article 12 – paragraph 2 – point a b (new)
(ab) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
Amendment 515 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall only take effect threone months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national lawunless specified otherwise.
Amendment 556 #
2016/0223(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) shall base itself on precise andtake into account up- to-date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
Amendment 566 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point e a (new)
Article 18 – paragraph 1 – point e a (new)
(ea) he or she has planned, facilitated or participated in the commission of terrorist offences.
Amendment 568 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point e b (new)
Article 18 – paragraph 1 – point e b (new)
(eb) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
Amendment 586 #
2016/0223(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threone months after the decision is taken, in order to provide the third-country national or stateunless sperson with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national lawcified otherwise.
Amendment 636 #
2016/0223(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the beneficiary of international protection and shall be renewable. The period of validity of the residence permit granted to the family member shall in principle not extend beyond the date of expiry of the residence permit held by the beneficiary of international protection.
Amendment 680 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry of the threone month period referred to in those provisions.
Amendment 703 #
2016/0223(COD)
Proposal for a regulation
Chapter 7 – section 3 – title
Chapter 7 – section 3 – title
Rights and obligations related to integration
Amendment 716 #
2016/0223(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 729 #
Amendment 731 #
2016/0223(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to basic healthcare under the same eligibility conditions as nationals of the Member State that has granted such protection.
Amendment 751 #
2016/0223(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to other third-country nationals legally resident in the territories of the Member States who are in a comparable situation.
Amendment 770 #
2016/0223(COD)
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Amendment 131 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data.
Amendment 177 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 205 #
2016/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism.
Amendment 212 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 215 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 219 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 220 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 233 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 242 #
2016/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 249 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 256 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.
Amendment 264 #
2016/0133(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The [General Data Protection Regulation (EU) .../2016] applies to the processing of personal data by the Member States under this Regulation from the date set out in that Regulation; until this date Directive 95/46/EC applies. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to and from the automated system and to the authorities competent for carrying out security checks.
Amendment 268 #
2016/0133(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. That network should promote the exchange of best practices concerning the examination of an asylum application by the competent authorities of Member States under this Regulation and initiate the training of the employees of those authorities.
Amendment 279 #
2016/0133(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 324 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5
Article 2 – paragraph 1 – point g – indent 5
- the sibling or siblings of the applicant, where the proof of the relationship is provided;
Amendment 338 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
Amendment 341 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 343 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 366 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Any Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Directive 2013/32/EU.
Amendment 615 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 655 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. The Member State with which an application for international protection is lodged shall enter in the automated system referred to in Article 44(1) within the period referred to in Article 10 (1) of Regulation [Proposal for a Regulation recasting Regulation (EU) 603/2013] that:
Amendment 658 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Upon entry of the information pursuant to paragraph 1, the automated system referred to in Article 44 shall register each application under a unique application number, create an electronic file for each application and communicate the unique application number to the Member State of application.
Amendment 659 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall provide the European Union Agency for Asylum with information on the number of third country nationals effectively resettled on a weekly basis. The Agency shall validate this information and enter the data in the automated system.
Amendment 665 #
2016/0133(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 666 #
Amendment 667 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The automated system referred to in Article 44(1) shall indicate in real time:
Amendment 671 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
Amendment 672 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
Amendment 674 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point h
Article 23 – paragraph 2 – point h
Amendment 675 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 774 #
2016/0133(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 776 #
2016/0133(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 783 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied voluntarily for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.
Amendment 814 #
2016/0133(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 815 #
2016/0133(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 822 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. The reference key referred to in paragraph 1 shall be based on the following criteria for each Member State, according to Eurostat figures:
Amendment 825 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point a
Article 35 – paragraph 2 – point a
(a) the size of the population (50 % weighting);
Amendment 829 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the total GDP (50% weighting);
Amendment 832 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) number of migrants already living in the Member State;
Amendment 841 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b b (new)
Article 35 – paragraph 2 – point b b (new)
(bb) integration capacity of the Member State;
Amendment 847 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2).rticle 36 deleted
Amendment 849 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2).rticle 36 deleted
Amendment 871 #
2016/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 872 #
2016/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 882 #
Amendment 884 #
Amendment 898 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 901 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 908 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 910 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 914 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
Amendment 919 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The European Union Agency for Asylum shall monitor and report to the Commission on a yearly basis on the application of the financial solidarityopt-out mechanism.
Amendment 923 #
2016/0133(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 924 #
2016/0133(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 933 #
2016/0133(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 934 #
2016/0133(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 941 #
2016/0133(COD)
Amendment 943 #
2016/0133(COD)
Amendment 954 #
2016/0133(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 955 #
2016/0133(COD)
Amendment 960 #
2016/0133(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 961 #
2016/0133(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 970 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 971 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 980 #
2016/0133(COD)
Proposal for a regulation
Article 44
Article 44
Automated system for registration, monitoring and the allocation mechanism 1. For the purposes of the registration and monitoring the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automated system shall be established. 2. The automated system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures. 3. The European agency for the operational management of large scale IT systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 shall be responsible for the preparation, development and the operational management of the central system and the communication infrastructure between the central system and the national infrastructures. 4. The national infrastructures shall be developed and managed by the Member States.rticle 44 deleted
Amendment 981 #
2016/0133(COD)
Proposal for a regulation
Article 44 – title
Article 44 – title
Amendment 982 #
2016/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. For the purposes of the registration and monitoring the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automateda system shall be established.
Amendment 983 #
2016/0133(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The automated system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures.
Amendment 984 #
2016/0133(COD)
Proposal for a regulation
Article 45
Article 45
Access to the automated system 1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39. 2. The European Union Agency for Asylum shall have access to the automated system for entering and adapting the reference key pursuant to Article 35(4) and for entering the information referred to in Article 22(3). 3. The information referred to in Article 23(2), Article 36(4) and point h of Article 39 shall be accessible for consultation only by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013]. 4. The Commission shall, by means of implementing acts, adopt uniform conditions and practical arrangements for entering and consulting the information referred to in paragraphs 1 and 3. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 56(2).rticle 45 deleted
Amendment 985 #
Amendment 987 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39.
Amendment 988 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39.
Amendment 989 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The information referred to in Article 23(2), Article 36(4) and point h of Article 39 shall be accessible for consultation only shall be accessible by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013].
Amendment 990 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, take back notifications and, if applicable, complying with their obligations under the allocation mechanism .
Amendment 993 #
2016/0133(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
That network shall promote the exchange of best practices concerning the examination of an asylum application by the competent authorities of Member States under this Regulation and initiate the training of the employees of those authorities.
Amendment 995 #
2016/0133(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The competent supervisory authority or authorities of each Member State shall monitor the lawfulness of the processing of personal data by the authorities referred to in Article 47 of the Member State in question, including of the transmission to and from the automated system referred to in Article 44(1) and to the authorities competent for carrying out checks referred to in Article 40.
Amendment 999 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
Amendment 1007 #
2016/0133(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
Amendment 1011 #
2016/0133(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 1013 #
2016/0133(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 73 #
2016/0132(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To assist Member States overcome challenges relating to non-compliance with the fingerprinting process, this Regulation also permits the comparison of a facial image without fingerprints as a last resort, where it is impossible to take the fingerprints of the third-country national or stateless person because his or her fingertips are damaged, either intentionally or not, or amputated. If the physical impossibility to give fingerprints is of a temporary nature, it should be recorded and the fingerprinting process should be carried out at a later stage when the physical integrity of the fingertips is restored. Member States should exhaust all attempts to ensure that fingerprints can be taken from the data- subject before a comparison using a facial image only can be carried out where non- compliance based on reasons not relating to the conditions of the individual's fingertips are given. Where facial images are used in combination with fingerprint data, it allows for the reductionwith sufficient image resolution and quality to be used in automated biometric matching are used in combination with fingerprint data, it should be possible to consider reducing the number of fingerprints registered while, provided that this enablinges the same result in terms of accuracy of the identification.
Amendment 98 #
2016/0132(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) It is essential in the fight against terrorist offences and other serious criminal offences for the law enforcement authorities to have the fullest and most up- to-date information if they are to perform their tasks. The information contained in Eurodac is necessary for the purposes of the prevention, detection or, investigation or prosecution of terrorist offences as referred to in Council Framework Decision 2002/475/JHA29Directive (EU) 2017/... of the European Parliament and of the Council [combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA] or of other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA30 . Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of Member States and the European Police Office (Europol). _________________ 29 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 30Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
Amendment 101 #
2016/0132(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Since Eurodac was originally established to facilitate the application of the Dublin Convention, access to Eurodac for the purposes of preventing, detecting or, investigating or prosecuting terrorist offences or other serious criminal offences constitutes a changefurther development of the original purpose of Eurodac, which. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any interferesnce with the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary to genuinely meet an objective of general interest and proportionate to the legitimate objective it aims to achieve.
Amendment 125 #
2016/0132(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Third-country nationals or stateless persons who have requested international protection in one Member State may try to request international protection in another Member State for many years to come. Therefore, the maximum period during which fingerprint and facial imagebiometric and alphanumeric data should be kept by the Central System should be of considerable length. Given that most third-country nationals or stateless persons who have stayed in the Union for several years will have obtained a settled status or even citizenship of a Member State after that period, a period of ten years should be considered a reasonable period for the storage of fingerprint and facial imagebiometric and alphanumeric data.
Amendment 130 #
2016/0132(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In view of successfully preventing and monitoring unauthorised movements of third-country nationals or stateless persons who have no right to stay in the Union, and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with Directive 2008/115/EC35 and the right to protection of personal data, a period of fiveten years should be considered a necessary period for the storage of fingerprint and facialbiometric and alphanumeric data. _________________ 35 OJ L 348, 24.12.2008, p.98 OJ L 348, 24.12.2008, p.98
Amendment 158 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences . (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 206 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) 'law enforcement' means the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences;
Amendment 208 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) 'terrorist offences' means the offences under national law which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHA;referred to in Articles 3 to 12 of Directive (EU) 2017/... of the European Parliament and of the Council [on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA].
Amendment 7 #
2015/2342(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. whereas the humanitarian crisis affecting more than 65.3 million ‘displaced’ persons1 means that the distinction between people in need of international protection and migrants is becoming increasingly difficult to draw; _________________ 1 http://www.unhcr.org/news/latest/2016/6/5 763b65a4/global-forced-displacement-hits- record-high.html
Amendment 39 #
2015/2342(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 62 #
2015/2342(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for international protection to be provided to people fleeing conflicts, including through resettlement programmes and humanitarian visas and calls on third countries to establish functioning asylum system and in this regard calls on the EU to provide necessary assistance;
Amendment 80 #
2015/2342(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. ICalls concerned by the growing tendency the EU to make all EU policies conditional on management of migration flows and denounces thestresses the importance of making use of development and humanitarian aid funds in this area;
Amendment 115 #
2015/2342(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Expresses its concern about the treatmenlack of cooperation of third countries of origin and transit ofn migrants who arshould be sent back to their country of origin or to a third country;
Amendment 4 #
2015/2095(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Charter of Fundamental Rights of the European UnionGeneva Convention of 1951 and the additional protocol thereto,
Amendment 19 #
2015/2095(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the European Convention for the Protection of Human Rights and Fundamental FreedomsUniversal Declaration of Human Rights of 1948,
Amendment 23 #
2015/2095(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Universal Declaration of Human Rights of 1948Charter of Fundamental Rights of the European Union,
Amendment 26 #
2015/2095(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to the GenevaEuropean Convention of 1951 and the additional protocol theretofor the Protection of Human Rights and Fundamental Freedoms,
Amendment 36 #
2015/2095(INI)
Motion for a resolution
Citation 43
Citation 43
Amendment 38 #
2015/2095(INI)
Motion for a resolution
Citation 44 a (new)
Citation 44 a (new)
- having regard to the work, reports and resolutions of the Council of Europe,
Amendment 48 #
2015/2095(INI)
Motion for a resolution
Citation 52
Citation 52
Amendment 49 #
2015/2095(INI)
Motion for a resolution
Citation 53
Citation 53
Amendment 50 #
2015/2095(INI)
Motion for a resolution
Citation 54
Citation 54
Amendment 51 #
2015/2095(INI)
Motion for a resolution
Citation 55
Citation 55
Amendment 52 #
2015/2095(INI)
Motion for a resolution
Citation 56
Citation 56
Amendment 53 #
2015/2095(INI)
Motion for a resolution
Citation 57
Citation 57
Amendment 54 #
2015/2095(INI)
Motion for a resolution
Citation 58
Citation 58
Amendment 55 #
2015/2095(INI)
Motion for a resolution
Citation 60
Citation 60
Amendment 63 #
2015/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas according to Frontex data5 , in the first eleven months of 2015, 1.55 million persons were detected while attempting to cross irregularly the EU’s external borders, setting an unprecedented record compared to the 282 000 migrants who arrived in the EU in the course of the whole 2014; and whereas, according to IOM/UNICEF data, around 20 % of all migrants arriving by sea are children6 ; and whereas, according to the preliminary data available, the percentage of Syrians vary from 26% to 50% of all arrivals in the EU in 20156a ; and whereas a large number of counterfeit Syrian passports poses a serious challenge for proper identity checks; __________________ 5 Frontex news, http://frontex.europa.eu/news/number-of- migrants-arriving-in-greece-dropped-by- half-in-november-cITv3V. 6 IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf. 6aInternational Centre for Migration policy Development, http://www.icmpd.org/news-centre/2015- in-review-infographic/ ; Frontex, http://frontex.europa.eu/assets/Publicatio ns/Risk_Analysis/FRAN_Q3_2015.pdf
Amendment 81 #
2015/2095(INI)
Motion for a resolution
Subheading 1
Subheading 1
Article 80 TFEU – Solidarity and fair sharing of responsibility, including search and rescue obligations
Amendment 85 #
2015/2095(INI)
Motion for a resolution
Recital F
Recital F
F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decismay be expressed in many different ways besides CEAS provisions such as financial assistance, human resources, equipment, training and other operational support measures and should be addressed at a global and universal level given the challenges with which Europe is not capable to cope alone; whereas voluntary relocations, operational support measures, financial support measures, a pro-active interpretation and implementation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while, voluntary resettlement, humanitarian admission and search and rescue at sea promote externaloperations at sea are all tools that can be used by the Member States to demonstrate their solidarity;
Amendment 124 #
2015/2095(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management ofand protection of the Union's external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’s fundamental rights;
Amendment 131 #
2015/2095(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the current Visa Code allows Member States to deviate from the normalstandard admissibility criteria for a visa application in exceptional cases with limited territorial validity ‘on humanitarian grounds’ (as defined in Articles 19 and 25);
Amendment 134 #
2015/2095(INI)
Motion for a resolution
Subheading 4
Subheading 4
Developing sustainable asylum policy that could include safe and lawful routes for asylum seekers and refugees into the EU, including the Union resettlement policy and corresponding integration policies
Amendment 140 #
2015/2095(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the current migration crisis is a global challenge that requires a global action;
Amendment 146 #
2015/2095(INI)
Motion for a resolution
Recital M
Recital M
M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for asylum seekers and refugees to enter the EU, building on existing legislation and practices, wouldmay allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers;
Amendment 157 #
2015/2095(INI)
Motion for a resolution
Recital O
Recital O
O. whereas individual Member States continue to develop intense external action on migration at the bilateral level; what is due to the lack of common action at the external level, and the large influx of asylum seekers and associated additional challenges;
Amendment 168 #
2015/2095(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas a functioning return policy through readmission agreements should be an integral part of cooperation with third countries;
Amendment 181 #
2015/2095(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the working-age population in the EU is projected to decline by 7.5 million by 2020; whereas projections on the development of labour market needs in the EU points to emerging and future shortages in specific fields; and whereas third-country nationals face many difficulties in obtaining recognition of their foreign qualifications, and therefore tend to be over-qualified for their jobs;
Amendment 185 #
2015/2095(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the current EU approach to labour migration is fragmented, with numerous directives focusing on specific categories of workers and of third-country nationals who are, under certain conditions, allowed to work; and whereas this approach can only serve to meet short- term, specific needs;
Amendment 188 #
2015/2095(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas legal migration for labour market needs, based on the principle of subsidiarity, is and should remain a national competence of the EU Member States;
Amendment 191 #
2015/2095(INI)
Motion for a resolution
Recital T
Recital T
Amendment 195 #
2015/2095(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member Statesof existing rules is essential, and whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 209 #
2015/2095(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the current mechanisms of the Dublin system have sometimes failed to be objective, to establish fair criteria for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the system is not being effectively applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016;
Amendment 219 #
2015/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that solidarity must be the principle upon which Union action on migration is based; notes that the principle of solidarity, as set out in Article 80 TFEU, covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity in those areas; acknowledges that solidarity as a principle must be voluntary, taking into account each Member States capacity and available resources to participate in joint efforts;
Amendment 233 #
2015/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Starts from the premise that saving lives must be a first priority and that proper funding, at Union and Member State level, for search and rescue operations is essential along with proper and effective external border controls; notes that there has been an increase in the number of irregular arrivals by sea and an alarming increase in the number of deaths at sea, and that a better European response is still required;
Amendment 237 #
2015/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also moral and a legal obligation under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea;
Amendment 244 #
2015/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that a permanent, robust and effective Union response in search and rescue operations at sea is crucial to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea;
Amendment 256 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety;
Amendment 268 #
2015/2095(INI)
Motion for a resolution
Subheading 11
Subheading 11
On tackling human trafficking and criminal smuggling
Amendment 317 #
2015/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspecbe a considerable part of any holistic approach to migration and reiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 327 #
2015/2095(INI)
Motion for a resolution
Subheading 12
Subheading 12
On the role of Union agencies in the fight against criminal smugglsmuggling and human trafficking
Amendment 344 #
2015/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the need to develop joint measures in close cooperation with the relevant EU agencies against criminal networks of migrant traffickers, in order to prevent them from financially benefiting from placing lives at risk, including freezing and confiscating their assets;
Amendment 349 #
2015/2095(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the process of relocation – that is to say, transferring an applicant for international protection, or a beneficiary of international protection, from one Member State to another – is a practical example of solidarity within the Union; recalls, in addition, that, since 2009, Parliament has been calling for a binding mechanism for the distribution of asylum seekers among all the Member States;
Amendment 354 #
2015/2095(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Understands the need of coordinated relocation in EU level; at the same time believes that relocation should be implemented on a voluntary basis, preserving the rights of each Member State to decide on relocation activities, depending on its integration capacity and historical aspects;
Amendment 359 #
2015/2095(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that, within the last year, the Council has adopted two decisions on temporary relocation measures in the Union (‘Relocation Decisions’)9 , and that they involve the transfer of applicants of international protection from Greece and Italy to other Member States; observes that, although the Relocation Decisions do not end the current Dublin rules on allocation of responsibility, they do constitute a ‘temporary derogation’ from the Dublin rules but should be assessed on individual basis and circumstances; __________________ 9 Council Decision (EU) 2015/1523 and Council Decision (EU) 2015/1601.
Amendment 370 #
2015/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgentvoluntary relocation measures isagreed are a move in the right direction of mutual solidarity, and calls on Member States to fulfil their obligations with regard to thosee agreed measures as soon as possible;
Amendment 383 #
2015/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, for the purposes of the Rrelocation Decisionsmeasures taken by the Council, relocation willmay cover only those nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months, on the basis of Eurostat data; notes that the Relocation Decisions will affect a relatively small number of people, and will leave out the large numbers of applicants originating from other third countries who cannot be relocated under those decisions;
Amendment 412 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation DecisionsCouncil Decisions on relocations from Italy and Greece, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State and the population density of the Member Statemust be reviewed, taking into account specific national circumstances, such as reception, absorption and integration capacity, labour market absorption capacity, historical factors and number of past migrants which goes beyond the 2010- 2014 timeframe laid down in the European Agenda on Migration;
Amendment 435 #
2015/2095(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that any automated decision making procedure in order to activate the relocation mechanism of asylum seekers is not acceptable;
Amendment 443 #
2015/2095(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that resettlement is one of the preferredn cooperation with UNHCR if a Member State so decides is one of options for granting safe and lawful access to the Union for refugees and those in need of international protection, where it is clear that in long term the refugees can neither return to their home countries nor receive effective protection or be integrated into the host country;
Amendment 450 #
2015/2095(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Observes, furthermore, that resettlement through the auspices of UNHCR is a well-established humanitarian programme, and is a useful tool for managing orderly arrivals of persons in need of international protection onto Member State territories; notes that Member States already now can choose to use this tool;
Amendment 456 #
2015/2095(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, givenNotes the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection in the Union;
Amendment 468 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanenta Union-wide resettlement programme, with mandato can only be based on voluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;
Amendment 470 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanentn Union-wide resettlement programme, with mandatovoluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;
Amendment 473 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanentn Union-wide resettlement programme, with mandatory participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union; while taking into account the capacity of Member States to provide adequate reception conditions, integration opportunities in society and labour market;
Amendment 480 #
2015/2095(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Acknowledges that such resettlement programme should be on voluntary basis to encourage greater solidarity among the Member States;
Amendment 486 #
2015/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that humanitarian admission, which Member States can already choose to apply, can be used as a complement to resettlement in order to give urgent protection, often on a temporary basis, to the most vulnerable where needed, e.g. unaccompanied minors or refugees with disabilities;
Amendment 495 #
2015/2095(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines that, in so far as resettlement remains unavailablelimited for third- country nationals, all Member States should be encouraged to establish and implement humanitarian admission programmes; taking into account the capacity of Member States to provide adequate reception conditions and integration opportunities in society and labour market;
Amendment 517 #
2015/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps are necessary to ensure that the CEAS becomes a truly uniform system while respecting subsidiarity and proportionality principles;
Amendment 524 #
2015/2095(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that a comprehensive assessment (in the form of the Commission’s evaluation reports) of the implementation of this package, followed by a speedy follow-up in case implementation is unsatisfactory in certain Member States, is absolutely necessary in order to improve harmonisationswift processing of asylum applications and returns;
Amendment 549 #
2015/2095(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to its implementation, fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced in crisis situations by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concerned; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 567 #
2015/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Rrelocation Decisions are based should bs of asylum seekers from Italy and Greece were based should be further evaluated before they are built directly into the Union’s standard rules for voluntary allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
Amendment 584 #
2015/2095(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the European Union should support the frontline Member States having external borders as well as those Member States receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhance the quality and functioning of the CEAS;
Amendment 590 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 610 #
Amendment 614 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 616 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that mutual recognition by Member States of positiveMember States have the right to review asylum decisions is a logical step towards proper implementation of Article 78(2)(a) TFEU, which calls for ‘a uniform status of asylum valid throughout the Unsued by another MS, using the initial decision as a recommendation’;
Amendment 641 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; notes that refugees have not only rights but also obligations towards the hosting Member State; emphasises that integration is a two- way process and that respect for the values upon which the EU isand its Member States are built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 652 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Emphasises that those granted asylum in an EU Member State should fully respect the principles, values, rules and laws of the Union and the Member State that has granted international protection;
Amendment 688 #
2015/2095(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard; notes however the high number of unemployment among EU citizens in several Member States; points out that as of November 2015 the youth unemployment rate across all the Member States stood at 20%;
Amendment 699 #
2015/2095(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Acknowledges the importance of integration at the same time stresses the need to protect and defend the values and identity of EU and its Member States; is of believe that every migrant has the obligation to accept and respect European values;
Amendment 713 #
2015/2095(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification in full respect of the national legislation;
Amendment 742 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. UnderstandEmphasises that the safe and swift return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;
Amendment 748 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS; understands that effective and functioning return policies may facilitate public acceptance of CEAS;
Amendment 754 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is an urgent need to improve the effectiveness of the Union’s return system;
Amendment 792 #
2015/2095(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51 a. Supports all measures aimed to the fastest possible identification of persons, distinguishing those persons who genuinely need international protection from those who do not have legal grounds to stay in the European Union;
Amendment 875 #
2015/2095(INI)
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Acknowledges that without strong and well protected Union's external borders there is no possibility to ensure safety within and fully implement CEAS;
Amendment 901 #
2015/2095(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. AcceptEmphasises that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons;
Amendment 964 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need and identify those who do not qualify for international protection; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 986 #
2015/2095(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Underlines that another crucial step in dismantling criminal smuggling and trafficking networks is to prioritise financial investigations, as tracking and confiscating the profits and assets of those criminal networks is essential if they are to be weakened and eventually dismantled; calls, in this regard, for the Member States to transpose swiftly and effectively the fourth Anti-Money Laundering Directive;
Amendment 995 #
2015/2095(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Points out that the Global Approach to Migration and Mobility (GAMM) pillar on asylum and international protection should be developed further, with greater involvement of third countries; notes that current actions in this field, under Regional Protection Programmes (RPPs) or Regional Development and Protection Programmes (RDPPs), focus on capacity building to tackle criminal smuggling and human trafficking networks within third countries of origin and transit; notes, at the same time, that the voluntary resettlement component of these programmes continues to be weak; believes that capacity-building efforts and resettlement activities should be stepped up and carried out together with third countries hosting large refugee populations;
Amendment 1077 #
2015/2095(INI)
Motion for a resolution
Paragraph 89 a (new)
Paragraph 89 a (new)
89a. Acknowledges that tackling the 'push factors' is a global responsibility and cannot be seen solely as the responsibility of the European Union, while the Union must still do its utmost to address root causes;
Amendment 1080 #
2015/2095(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
Amendment 1093 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe and the rest of the world looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there;
Amendment 1112 #
2015/2095(INI)
Motion for a resolution
Paragraph 95
Paragraph 95
95. Recommends that, in line with the GAMM, the four thematic pillars addressing (i) legal migration and mobility, (ii) irregular migration and trafficking in human beings, (iii) international protection, and (iv) the development impact of migration should be of equal importance in Union external policy and funding; stresses that funding to third countries under various programmes should be assessed in light of their respect to the EU's efforts of migration management - including developing their asylum systems and facilitating returns of their citizens;
Amendment 1154 #
2015/2095(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
Amendment 1161 #
2015/2095(INI)
Motion for a resolution
Paragraph 105
Paragraph 105
Amendment 1166 #
2015/2095(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
Amendment 1180 #
2015/2095(INI)
Motion for a resolution
Paragraph 109
Paragraph 109
109. Points out that the Europe 2020 strategy has identified the need for a comprehensive labour migration policy, and for better integration of migrants, in order to meet the Union’s goals for smart, sustainable and inclusive growth; this should be done in full respect of the principle of subsidiarity;
Amendment 1190 #
2015/2095(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
Amendment 1206 #
2015/2095(INI)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Calls for a comprehensive vision of the labour market in the Union as a necessary pre-condition for the development of labour market policies; pPoints out that it is necessary to develop tools for identifying and forecasting present and future labour market needs in the UnionMember States in a better way; suggests, in that regard, that existing tools – such as those developed by the European Centre for the Development of Vocational Training (CEDEFOP) or the OECD – could be improved upon, and even merged, with international statistics on potential labour supply from third countries in order to provide a more accurate picture of the situation;
Amendment 1213 #
Amendment 1219 #
2015/2095(INI)
Motion for a resolution
Paragraph 115
Paragraph 115
115. Deplores the fact that the low risk of being detected and/or prosecuted as an employer exploiting the labour of irregular migrants has been identified as an important factor in labour exploitationforced labour, in particular in sectors most at risk (agriculture, fishing, construction, manufacturing, hotels and restaurants, domestic workers and care services); recommends that in order to tackle this impunity it is necessary, firstly, to ensure that all cases of severe labour exploitation are criminalised and adequately punished under national law and, secondly, to increase labour inspectionso ensure that forced labour is criminalised and punished under national law and that Member States provide adequate powers to competent authorities to carry out inspections, while sufficient staff are available with the skills and qualifications needed to carry out targeted inspections effectively in at-risk sectors;
Amendment 1227 #
2015/2095(INI)
Motion for a resolution
Paragraph 117
Paragraph 117
117. Reiterates that special procedures to ensure facilitation of complaints foreseen by Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (the ‘Employers’ Sanctions Directive’) should be fully implemented and correctly applied in practice; believes that increased protection for those vEncourages the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2012-2016 EU Strategy towards the Eradicatimson of tTrafficking, and for those smuggled into the Union, who cooperate and facilitate prosecution of traffickers and/or criminal smugglers, is necessary; suggests that, in addition, support s in Human Beings) which should improve cooperation with businesses and other stakehould be given for the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2014 Strategy againsers, respond to emerging challenges and discuss measures to prevent Ttrafficking in Hhuman Bbeings) with the purpose of developing supply chains that do not involve trafficking in human being, in particular in high-risk areas;
Amendment 1239 #
2015/2095(INI)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Believes, moreover, that it is clear that the directive should focus not just on the highly-qualified, but also on targeted high- qualification occupations where there are proven labour shortages; believes, in addition, that the revision of the Blue Card should be both ambitious and targeted, and should seek to remove the inconsistencies of the existing directive, particularly as regards parallel national schemes; recommends that thought be given to revising the scope to include those third- country nationals who could help tackle the gaps identified in EU labour markets;
Amendment 178 #
2015/0310(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require t. For the adoption of such measures, given the sovereignty related aspects and their politically sensitive nature which touch on national executive and enforcement powers, implementing powers should be conferred on the Council, which should act on a proposal from the Commission. The Member State concerned should be required to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commissionuncil decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 226 #
2015/0310(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 261 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘third parties’ shall be the legal entities recognised as such by the Member States or International Organisations.
Amendment 322 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency. Member States shall as well, in their interests and in interest of all Member States, enter data into the European databases and ensure that the data are accurate, up-to-date and entered lawfully.
Amendment 652 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area as an area without internal border control, the Commission, after consulting the Agency, may adopt a decision by means ofpresent to the Council a proposal for an implementing actdecision, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Thoseat implementing actsdecision shall be adopted in accordance with the examination procedure referred to in Article 79(2)by the Council with a qualified majority vote.
Amendment 658 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 690 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agency a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, and which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board. The Agency shall evaluate whether the border guards proposed by Member States correspond to the profiles defined and shall decide on the border guards to be chosen for the rapid reserve pool. The Agency shall have the power to remove a border guard from the pool in case of misconduct or breach of the applicable rules.
Amendment 867 #
2015/0310(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. The Agency shall ensure the compatibility and interoperability of the equipment listed in the technical equipment pool. To that end it shall define technical standards to be met by equipment to be acquired, totally or partially, by the Agency and of the equipment owned by Member States which is listed in the technical equipment pool.
Amendment 888 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where such damage is caused by gross negligence or willful misconduct, the host Member State may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State or in excess of duty, the victims or persons entitled shall be compensated by the Agency.
Amendment 1165 #
2015/0310(COD)
Proposal for a regulation
Article 79
Article 79
Amendment 35 #
2015/0125(NLE)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) Having regard to the Council Conclusions of 25-26 June 2015, this emergency mechanism should encourage greater solidarity and participation among all Member States.
Amendment 78 #
2015/0125(NLE)
Proposal for a decision
Recital 20
Recital 20
(20) In line with the Annex to the Communication from the Commission on the European Agenda on Migration1, the proposed distribution key should be based on a) the size of the population (40% weighting), b) the total of the GDP (40% weighting), c) the average number of spontaneous asylum applications and the number of resettled refugees per one million inhabitants over the period 2010- 2014 (10% weighting) and d) the unemployment rate (10% weighting). In addition, taking into account the complexity of the issue, other elements of the distribution key should include Member State specific conditions, such as the number of migrants already in the Member State and historic immigration. The distribution keys set out in Annex I and Annex II of this Decision take into account the fact that the Member States from which relocation will take place should not themselves contribute as a Member State of relocation. 1 COM (2015) 240 final.
Amendment 117 #
2015/0125(NLE)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Relocation shall only take place on voluntary basis in respect of applicants whose applications for international protection shall in principle be examined by Italy and Greece pursuant to the criteria for determining the Member State responsible set out in Chapter III of Regulation (EU) No 604/2013.
Amendment 135 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. As soon as possible after receiving the information referred to in paragraph 2, Member States shall indicate the number of applicants who can be relocated immediately to their territory and any other relevant information, within the numbers set out in Annex I and Annex II respectively. Taking into account the rapidly changing situation in EU's neighbourhood, the Member States should have the right to review every three months the number of applicants who can be relocated immediately in its territory.
Amendment 152 #
2015/0125(NLE)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Italy and Greece shall each, within one month of entry into force of this Decision, present a roadmap to the Commission which shall include adequate measures in the area of asylum, first reception and return, enhancing the capacity, quality and efficiency of their systems in these areas as well as measures to ensure appropriate implementation of this Decision. Special attention should be given to strict return policy. Italy and Greece shall fully implement this roadmap.
Amendment 156 #
2015/0125(NLE)
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. If Italy or Greece does not comply with the obligation referred to in paragraph 1, the Commission may decide to suspend this Decision with regard to that Member State for a period of up to three months. The Commission may decide once toto further extend such suspension for a furtherdditional period of up to three months, until the obligation referred to in paragraph 1 is met.
Amendment 159 #
2015/0125(NLE)
Proposal for a decision
Article 9
Article 9
In the event of an emergency situation characterised by a sudden inflow of nationals of third countries in a Member State of relocation, the Council, on a proposal from the Commission and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State concerned, pursuant to Article 78(3) of the Treaty. Such measures may in addition include, where appropriate, a suspension of the obligations of that Member State provided for in this Decision.
Amendment 91 #
2014/2254(INI)
Motion for a resolution
Recital B
Recital B
B. whereas establishing an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU) requires the EU and each Member State to uphold fundamental rights in full;
Amendment 98 #
2014/2254(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis, and whereas the response of the EU and the Member States has seriously compromisedhad an impact on the wellbeing of citizens and their fundamental rights;
Amendment 108 #
2014/2254(INI)
Motion for a resolution
Recital D
Recital D
Amendment 182 #
2014/2254(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the appointment of the first Vice-President of the Commission with powers relating to respect for the rule of law and the Charter, and expects to see an internal strategy on fundamental rights based on Article 2 TEU adopted in the near future, in close cooperation with the other institutions and in consultation with civil society and other interested parties;
Amendment 190 #
2014/2254(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 234 #
2014/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law; considers, however, that the proposed mechanism willmay not act asbe a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States;
Amendment 249 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point a
Paragraph 6 – point a
Amendment 261 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point c
Paragraph 6 – point c
(c) ensuring the full involvement, at the launch and dialogue stages, not only of the Commission and the Member State in question, butand also of the European Parliament, the Council, national parliaments, the FRA and civil society, and guaranteeing the use of all available data;
Amendment 265 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
(d) ensuring that Article 7 TEU is implemented automatically, should such a mechanism fail, and that the possibility of imposing further penalties in keeping with European law is considered;
Amendment 399 #
2014/2254(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact that even today peoplethere are cases when persons belonging to minorities are still victims of discrimination;
Amendment 438 #
2014/2254(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 456 #
2014/2254(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the EU and the Member States to ban all discrimination on grounds of gender identity and to combat and prosecute all forms of violence and discrimination against women;
Amendment 723 #
2014/2254(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 9 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
Amendment 27 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the agreement should guarantee full respect for EU fundamental rights standards through the inclusion of a human rights clause as a standard part of EU trade agreements with third countries;
Amendment 34 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 54 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are respected; recalls that the Commission can only negotiate on provisions which touch upon the flow of personal data provided that the full application of EU data protection rules is guaranteed; is seriously concerned about the TiSA draft text, which would completely undermine all EU rules and safeguards for the transfer of personal data to third countries;
Amendment 66 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 75 #
2014/2228(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the successful establishment of a trans-atlantic market would offer the historic chance for both the EU and the US to define "Golden Standards" in the next phase of globalisation together with traditional and likeminded partners, based on similar values, thus fostering security and cooperation with trans-atlantic partners in a world of increasing conflicts and insecurity around Europe, rather than leaving geo-political importance to the trans-pacific region and consequently weakening Europe's position while its values and security are increasingly endangered by several conflicts.
Amendment 106 #
2014/2228(INI)
Motion for a resolution
Recital E
Recital E
E. whereas many economic impact studies on TTIP should be taken with caution as they are built onthat are built on the most suitable computable general equilibrium economic models with very optimistic predictions abshould be taken into account the capacitywith regard to the ambition of the EU and the US to reduce tariffs, non-tariff and regulatory barriers to trade; whereas the TTIP alone will not resolvewill give the necessary boost to economic pgroblems in the EU and no false hopes and expectations should be raised in that respect;wth and set rules and standards for our other economic partners globally
Amendment 155 #
2014/2228(INI)
Motion for a resolution
Recital G
Recital G
Amendment 223 #
2014/2228(INI)
Motion for a resolution
Recital K
Recital K
K. whereas since July 2013 talks between the US and the EU have been going on, but up to now no common text has been agreed and it is now exactly the right time to undertake a reflection on the state of play without drawing new red lines;
Amendment 357 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
(iv) toin the context of the volume and significance of transatlantic trade in services, further increase of market access for services according to the ‘posi, should be facilitated by means of the "Negative lList aApproach’ whereby services that are to be opened up to foreign companies are explicitly mentioned and new services are excluded while ensuring that possible standstill and ratchet clauses only apply to non- discrimination provisions and allow for enough flexibility to bring services back into public control;", to ensure that new and innovative services entering the market will be automatically covered and not be hampered by complex and bureaucratic procedures.
Amendment 435 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii a (new)
Paragraph 1 – point b – point vii a (new)
(viia) to ensure that TTIP is in alignment with the EU and US' commitments already set out in the joint declaration from April 4, 2011, allowing for the full functioning of the digital ecosystem, and promoting the cross-border data flows processed for legitimate purposes; to ensure that provisions under TTIP shall not prevent service suppliers of the parties or customers of those suppliers from electronically transferring information internally or across borders, accessing publicly available information, or accessing their own information stored in other countries; to ensure that TTIP prohibits any requirements on ICT service suppliers to use local infrastructure, or establish a local presence, as a condition of supplying services 1 a ; __________________ 1a "European Union-United States Trade Principles for Information and Communication Technology Services", April 14th, 2011. http://trade.ec.europa.eu/doclib/docs/2011 /april/tradoc_147780.pdf
Amendment 446 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point viii
Paragraph 1 – point b – point viii
(viii) to ensure that the EU’s acquis on data privacy is not compromised through the liberalisation of cross- border data flows, in particularly in the area of e-commerce and financial services; to ensure that no commitments on data flows are taken up before European, while providing adequate data protection and full compliance with the EU data protection legislation is in place;.
Amendment 529 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xiv
Paragraph 1 – point b – point xiv
(xiv) to ensure that the negotiations on rules of origin aim at reconciling the EU and US approaches and establishing effective rules of origin; given the conclusion of the negotiations for the Comprehensive Economic and Trade Agreement (CETA) between EU and Canada and the potential upgrade of the EU-Mexico free trade agreement, the possibility and scope of cumulation will need to be considered;
Amendment 632 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point ii
Paragraph 1 – point d – point ii
(ii) to ensure that the sustainable development chapter aims at the full and effective ratification, implementation and enforcement of the eight fundamental conventions of the International Labour Organisation (ILO) and their content, the ILO’s Decent Work Agenda and the core international environmental agreements; provisions should be aimed at improving levels of protection of labour and environmental standards; an ambitious trade and sustainable development chapter should also include rules on corporate social responsibility based on the Guidelines for Multinational Enterprises of the Organisation for Economic Cooperation and Development (OECD) and a clearly structured civil society involvementstresses that the EU and the US share the same environmental social and labour objectives; even if the legal status of respective international conventions differs;
Amendment 648 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point iv
Paragraph 1 – point d – point iv
(iv) to ensure that labour and environmental standards are made enforceable, by building on the good experience of the EU-Korea free trade agreement and good andgiven a chance to be effective in practices in the US’s free trade agreements and national legislation; by means of a dedicated dispute settlement mechanism,
Amendment 662 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point v
Paragraph 1 – point d – point v
(v) to ensure that employees of transatlantic companies, registered under EU member state law, have access to information and consultation in line with the European works council directive;
Amendment 666 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vi
Paragraph 1 – point d – point vi
(vi) to ensure that the economic, social and environmental impact of TTIP is examined through a thorough trade sustainability impact assessment with clear involvement of stakeholders and civil society;sustainability impact of TTIP implementation on economy and society is examined also by means of a thorough and objective trade sustainability impact assessment, involving all relevant parties in the sectorial context.
Amendment 751 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv
Paragraph 1 – point d – point xiv
(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved without the inclusion of an ISDS mechanism; such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the use of national courts are the most appropriate tools to address investment disputesby the inclusion of a sound and modernised ISDS mechanism;
Amendment 809 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xvi
Paragraph 1 – point d – point xvi
(xvi) to ensure that the IPR chapter does not include provisions on criminal sanctions as a tool for enforcement, as having been previously rejected by Parliament;has the WTO Agreement on Trade related Aspects of Intellectual Property (TRIPS) as the starting point for protection of intellectual property rights; negotiators are encouraged to identify and address areas in which protection and/ or enforcement of IP Rights need to be upgraded.
Amendment 824 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point i
Paragraph 1 – point e – point i
(i) to continue ongoing efforts to increase transparency in the negotiations by making more negotiation proposals available to the general public; without jeopardising the negotiating process.
Amendment 837 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point ii
Paragraph 1 – point e – point ii
(ii) to translate these transparency efforts into meaningful practical results, inter alia by reaching meaningful arrangements with the US side to improve transparency, including access to all negotiating documents, in order to allow Members of Parliament and the Member States to develop constructive discussions with stakeholders and the public, while at the same time maintaining due confidentiality;
Amendment 34 #
2014/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;
Amendment 36 #
2014/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;
Amendment 38 #
2014/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Frontex has already established an incident reporting system which involves the Frontex operations teamdivision, the Frontex legal teamunit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system only involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;
Amendment 40 #
2014/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 50 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;
Amendment 53 #
2014/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’'s efforts in taking on board 12 of the Ombudsman’s recommendations's 13 recommendations and notes that Frontex did not categorically refuse to implement the recommendation on the complaints mechanism; acknowledges Frontex’'s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 57 #
2014/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. SupportNotes the recommendation by the European Ombudsman that Frontex should deal with individual, non-anonymous complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriathe complaints mechanism;
Amendment 59 #
2014/2215(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that an individual non- anonymous complaint should require, as a formal prerequisite, that the person who intends to issue the complaint is registered in the EURODAC system according to Regulation (EU) No 603/2013.
Amendment 63 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, Frontex is in need of might require a mechanism that is capable of processing individual, non-anonymous complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 69 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;
Amendment 74 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-would be compliant with the principle of good administration and undermineswould add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;
Amendment 81 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; rRecalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 86 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 88 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes the need for an official central structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;
Amendment 106 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaintsncrete and founded complaints which are based on a direct violation of concrete of the fundamental rights violationas protected by the EU Charter of fundamental rights should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 113 #
2014/2215(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the identity of most complainants will be difficult to check upon and even to verify it as high percentage of people arrive to the EU with no documents, Urges to develop a system of verifying the identity of complainants while at the same time ensuring the protection of their personal data, that could be shared with any authorities only in cases of safeguard against and prevent threats on public security, public safety, public order and public health.
Amendment 127 #
2014/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that potential complaints may in manycertain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;
Amendment 137 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it cruciauseful to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 140 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer shcould, in relevant cases and in close cooperation with the relevant Frontex operational teamdivision, contribute to investigations by national authorities by providing further information on the incident if necessary;
Amendment 142 #
2014/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; rRecalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 145 #
2014/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that a justificationFrontex should be provided to the complainant should no follow-up procedure be initiated by Frontexwith the contact details of the responsible national authority;
Amendment 148 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State agreesfinds it to be the best solution; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 158 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibilityno prejudice in terms of withdrawing financial support from the Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudiceultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;
Amendment 167 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;
Amendment 175 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resourcesthe Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;
Amendment 183 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 222 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.